Terms of Service.

Who this is between

These terms are between SuperTuned Inc and whoever is using OpenPush — you personally if you signed up yourself, or the company you signed up on behalf of. If you are agreeing on behalf of a company, you are confirming you are allowed to.

What you get

A licence to use OpenPush to send push notifications to people who have agreed to receive them from you. The push product is free, permanently, up to a million monthly active users per app, on the terms set out in the pledge below. There is an optional paid tier for features beyond push; if you want it, we will talk to you and agree the price in writing first.

The Free-Forever Pledge

This is the part of the agreement we most want you to be able to rely on, so it is written tightly rather than warmly.

What is binding

• Push is free to 1,000,000 MAU per app. A monthly active user means one unique subscribed device seen in a rolling 30-day window, counted per app. Below that ceiling we will not charge you for sending push.
• We will never charge per subscriber. Not per subscriber, not per device, not per message delivered. If our pricing model ever needs to change, this is the part that does not.
• Your data stays exportable, for free. Subscribers, tags and delivery history, in a machine-readable format, at any time and without asking permission — including on the way out.
• We will not reprice you out of the free tier. The ceiling above does not shrink for an account that is already using it.

What is not promised

Feature packaging can change: things may move between the free and paid tiers as the product grows, and features may be added, changed or retired. Free accounts get best-effort availability and best-effort support, not a service level agreement — if you need guaranteed uptime or response times, that is what the paid tier is for. Reasonable rate limits and fair-use limits apply, and we may enforce them.

Fair use, and not gaming the ceiling

The ceiling is per app because that is how developers think about their products. Splitting one product across many nominal "apps" to stay under it is not within the spirit of the pledge and we may treat it as a single app. We would rather talk to you about it than switch anything off.

How this pledge can end

A promise with no stated limits is not a stronger promise, it is a vaguer one — and the first thing anyone sensible asks about "free forever" is what the catch is. So here is the complete list. These are the only ways the free tier can end for you, and there is no general right for us to withdraw it because we changed our minds.

• We stop offering it to new accounts. We may close the free tier to new signups at any time. If we do, every account already on it keeps it on these terms. Being early is meant to be worth something.
• Apple or Google start charging for delivery. This pledge rests on a fact outside our control: APNs and FCM do not charge for the delivery this product depends on. If that changes, the economics the pledge is built on no longer exist. We would say so publicly, show the evidence, and give you the notice period below. We consider this unlikely, and we would rather name it than let you discover it.
• You break the rules. Sending to people who did not consent, unlawful content, or deliberately splitting one product across many nominal apps to stay under the ceiling. We will email you first and give you a chance to fix it, except where the harm is ongoing or we are legally required not to.
• Your account goes dormant. If an app sends nothing and nobody signs in for 18 consecutive months, we may close it and delete its data — after emailing the account address and waiting at least 30 days. Your export stays available for that whole period.
• We are acquired, and the buyer decides differently. If this service changes hands, these terms and this pledge transfer with it — a buyer inherits them rather than starting from a blank page. But we will not pretend to bind a company that does not exist yet: a successor may change the pledge, and if they do they are held to the same notice period and the same protections below. We will announce any change of control publicly rather than letting you find out from a pricing page.

What holds in every one of those cases

Whatever ends the free tier, and whoever ends it, four things do not change.

• Ninety days' notice, in writing, to the address on your account — enough time to plan and ship a migration through a normal mobile release cycle, not a token period that technically counts as notice.
• Nothing is charged retroactively. No invoice ever arrives for sending you already did under this pledge.
• Your data stays exportable, free, throughout the notice period and on the way out. See our data export commitment.
• We still never charge per subscriber, and we still never reprice you out of a tier you are already using. If pricing has to change, it changes for new accounts and future tiers — not by re-tagging you.

What you must not do

Sending push to people who did not agree to receive it is the fastest way to lose access, and it damages deliverability for everyone on the platform. The full list of prohibited uses lives in the Acceptable Use Policy, which forms part of these terms.

Your data and your users' data

You own your data. When OpenPush processes personal data about your end users, you are the controller of it and we are your processor — the terms of that arrangement are in the Data Processing Addendum. Data about your own account and how you use OpenPush is ours to process as described in the Privacy Policy.

You are responsible for having a lawful basis to send notifications to your users and for honouring their choices. We do not police your relationship with your users, but we will act on credible complaints.

What OpenPush is, and is not

OpenPush is a hosted service. We run the server; you use it through the console and the API. The server is not published and is not something you run yourself, and nothing in these terms grants you a licence to the server software.

The client SDK — the code that runs inside your own app — is published separately, and its own licence governs what you may do with it. That licence is not affected by these terms.

What we do commit to is the mechanism: your notifications are sent using your own APNs and FCM credentials on your own developer accounts, with no delivery network of ours in between, and we do not charge a per-message transport fee.

Stopping

You can stop using OpenPush at any time and take your data with you. We may suspend or terminate an account for a serious or repeated breach of the Acceptable Use Policy, or where we are legally required to. If we ever wind the service down, we will give notice and keep exports working throughout the wind-down period — the specific notice period is one of the things being pinned down before the effective date above.

The boring but necessary part

The service is provided as it is. We do not warrant that delivery is instantaneous or universal — push delivery ultimately depends on Apple, Google and the device, none of which we control. To the extent the law allows, we are not liable for indirect or consequential losses, and our total liability is limited. The exact wording, the governing law and the venue are being settled before the effective date above.

Changes

We will give notice of material changes to these terms before they take effect. Changes never apply retroactively, and the binding parts of the pledge above are not something we will amend away.

Questions: legal@openpush.ai.