©2024 Notifi, a division of SwiftBel Inc. All rights reserved.
This page was last updated on April 26, 2023
Your use of SwiftBel Inc. and its Notifi division’s (collectively, “SwiftBel” or “Notifi”) services, including the services Notifi makes available through the getnotifi.com website, including this website (the “Site” or the “Notifi Site”) and any content (“Notifi Content”) made available through this website (collectively the “Services”), is governed by these Terms of Service (the “Terms”). Please read these terms carefully before using the Services.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE NOTIFI SITE OR SERVICES, OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR NOTIFI CONTENT.
If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and promising that you have the authority to bind that entity to these terms. In that case, “you” and “your” will refer to that entity.
Notifi gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Notifi as part of the Services provided to you by Notifi. Please note that you may use this software for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of Notifi through the Services (the content) in any way, except as permitted by the Terms.
You are solely responsible for maintaining your own internet access, IT infrastructure and all other technology, communication, social media accounts, and other matters needed in order to access and use the Site or Services.
In the course of using the Services, you may be required to provide Notifi personally identifiable information, including contact information, username and password (“Credentials”). Notifi handles such information with the utmost attention, care and security. Nonetheless, you, not Notifi, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Notifi promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Notifi of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Notifi immediately.
By making available any user-generated content (“User Content”) through the Site and Services, you hereby grant to SwiftBel a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. Notifi does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Notifi the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Notifi’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Notifi reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a takedown request from Notifi. In the event that you elect not to comply with a request from Notifi to take down certain User Content, Notifi reserves the right to directly take down such User Content.
The Services incorporate or make use of certain third-party software (“Third-Party Software”), which is licensed subject to the terms and conditions of the third-party licensing such Third-Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third-Party Software. Such Third-Party Software includes but is not limited to the following software and services and by use of the Services you agree to be bound by the terms of said Third-Party Software: Google (https://policies.google.com/terms?hl=en-US), Facebook (https://www.facebook.com/legal/terms), Twitter (https://www.twitter.com/tos), Youtube (https://www.youtube.com/t/terms), Twilio (https://www.twilio.com/legal/tos), LinkedIn (https://www.linkedin.com/legal/user-agreement)
You may be able to access or use third-party services, Third-Party Software, resources, content, documentation, or materials (“Third-Party Materials”) as part of or during your use of the Services. You acknowledge and agree to assume sole responsibility for and assume all risk arising from your access to or use of any such Third-Party Materials and Notifi disclaims any liability that you may incur from your access to or use of such Third-Party Materials or any User Content via Notifi or the Services. You acknowledge and agree that Notifi: (a) is not responsible for the availability or accuracy of such Third-Party Materials or the products or services available from such Third-Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third-Party Materials; (c) does not make any promises to remove Third-Party Materials from being accessed through the Services and your ability to access or link to Third-Party Materials does not create or imply any endorsement by Notifi of Third-Party Materials or any such third-party services; and (d) has no responsibility or liability for the deletion or failure to store any Third-Party Materials maintained or transmitted through use of the Services. You further acknowledge and agree that you are solely responsible for backing up and making copies of any Third-Party Materials that you wish to preserve.
When using the Notifi platform, you agree to adhere to the Terms of Service of all major review sites. This includes but is not limited to Google, Facebook, Yelp, and other review sites.
Review gating: Your use of the Notifi platform cannot implement any form of review gating. Review gating is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent a form to leave comments that are not made public.
When soliciting reviews using the Notifi platform, you must provide all recipients with the same options to provide feedback, regardless of their sentiment. This applies to review requests sent via standard review templates, custom email templates, and surveys.
Sites prohibiting solicitation of reviews: Your use of the Notifi platform will fully comply with sites such as Yelp that prohibit review solicitation, and you will not misuse the Notifi platform to bypass review sites’ policies.
Failure to comply with Third-Party Review site policies: If you attempt to circumvent the Terms of Service of Third-Party review sites, Notifi will notify you and allow you 30 days to take corrective action. Should you fail to comply within the 30-day notice period, your account will be suspended from Notifi.
You may not use the Services if you are a person barred from receiving the Services under the laws of Canada, the United States, or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18, as the Services are not intended for children under 18.
You are responsible for obtaining explicit consent(s) from any and all third parties (including your customers) to send and receive SMS, emails and/or any other messaging using the Notifi Services. Notifi shall have the same obligation to obtain third-party consent for all parties from which it is directly obtaining their phone number(s). Each party is liable for, and shall indemnify, defend and hold harmless the other party from and against any and all damages, liabilities, judgments, fees, fines, costs and expenses (including reasonable attorneys’ fees) incurred by the non-breaching party arising from any claims, demands or legal actions made against it resulting from breach of this Section.
If you submit your mobile telephone number to Notifi through a webform or any other method, you expressly consent to receive text messages from Notifi to that mobile phone number. You may opt out at any time.
To the extent required by law and as applicable to the parties, the parties shall comply with the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”) and CRTC regulations. You will be solely responsible for complying with any messaging consent obligations under the TCPA and CRTC in the course of accessing and using the Notifi Services.
You agree not to do any of the following while using the Site, Services or Notifi Content:
Notifi will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. Notifi may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Notifi has no obligation to monitor your access to or use of the Site, Services or Notifi Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Notifi reserves the right, at any time and without prior notice, to remove or disable access to any Notifi Content and any User Content, that Notifi, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.
Notifi’s priority to its clients is to keep the Services available and running at optimal speed, which requires each client to use the Services fairly and reasonably so as not to affect the access or use by other clients. The Services include broad access to a variety of resources such as bandwidth, API requests, and storage that are not unlimited (unless expressly stated as such in a Customer Agreement, Order Form or other agreement) or the overuse of which would affect the stability of the Notifi platform, including but not limited to the Services, which is why we have this fair use clause (“Fair Use Policy” or “FUP”). Fair use will be considered the processing of 3 times the average number of requests or processed transactions per Location (as that term is defined in a Customer Agreement, Order Form or other written agreement) for other Notifi clients in the same or similar industry. If Notifi determines your use of the Services is in violation of its Fair Use Policy, in its sole reasonable discretion, it may take unilateral action regarding your use of the Services including, but not limited to, limiting the frequency of access to the Services or limiting the number of processed requests through the Services in order to bring usage in line with this FUP. Notifi also reserves the right to invoice you for use of the Services in violation of the FUP. You understand, acknowledge and agree that Notifi will have no liability to you or any of your users for enforcing this FUP and enforcement will not affect your obligations under these terms which includes the payment of fees for the Services.
The collection, use and storage of your personal information is governed by our Privacy Policy located at. The Privacy Policy is incorporated into these Terms in their entirety.
“Confidential Information” means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible objects (i) that the disclosing party identifies as confidential or proprietary; or (ii) that reasonably appears to be confidential or proprietary because of legends or other markings, the circumstances of disclosure, or the nature of the information itself (for avoidance of doubt, neither party shall be required to identify information as confidential in order to avail itself of the protections set forth herein). The parties acknowledge that these Terms of Service and any Customer Agreement, order form, statement of work or other agreement between the parties referencing and/or incorporating these Terms, and any other proprietary or confidential information provided to the other party constitute valuable proprietary information and trade secrets of Notifi and you, respectively. Each party agrees to preserve the confidential nature of the other party’s Confidential Information by retaining and using the Confidential Information in trust and confidence, solely for its use as permitted and in connection with these Terms, and by using the same degree of protection that such party uses to protect similar proprietary and confidential information, but in no event less than reasonable care. Each party will have the right to seek an injunction to prevent any breach or continued breach of this section. The receiving party agrees to promptly report any breach(es) of this section to the disclosing party. Notwithstanding the foregoing, Confidential Information does not include any information which (i) is now, or becomes, through no act or failure to act on the part of the receiving party, generally known or available to the public without breach of these Terms by the receiving party; (ii) was independently developed, or otherwise acquired, by the receiving party without restriction as to use or disclosure before receiving such information from the disclosing party, as shown by the receiving party's files and records immediately prior to the time of disclosure; or (iii) is obtained by the receiving party without restriction as to use or disclosure by a third party authorized to make such disclosure.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at admin@Notifi.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Notifi and you hereby irrevocably assign to Notifi and agree to irrevocably assign to Notifi all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Notifi’s request and expense, you will execute documents and take such further acts as Notifi may reasonably request to assist Notifi to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
The Site, Services and Notifi Content are protected by copyright, trademark, and other laws of Canada, the United States, and other foreign countries. Except as expressly provided in these Terms, Notifi and its licensors exclusively own all right, title and interest in and to the Site, Services and Notifi Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Notifi Content. Notifi claims no ownership interest in any Third-Party Materials and expressly disclaims any liability concerning those materials.
You acknowledge and agree that Notifi shall have the right to use data capture, syndication and analysis tools and other similar tools to extract, compile, synthesize, and analyze any non-personal unidentifiable data or information resulting from your use of the Site or Services.
All trademarks, service marks, logos, trade names and any other proprietary designations of Notifi used herein are trademarks or registered trademarks of Notifi. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Please see your Customer Agreement for information regarding pricing and billing for these Services. If you have any questions about Notifi’s billing policies, please contact Notifi at sales@getnotifi.com.
Your failure to pay undisputed fees when due constitutes a material breach of these Terms. If payment is not made within thirty (30) days of when it is due, Notifi may, in its sole discretion, choose to do any or all of the following: (i) charge you a late fee on the unpaid balance at the lesser of one and one-half percent (1.5%) per month or the maximum lawful rate permitted by applicable law, rounded to the next highest whole month and compounded monthly; and/or (ii) suspend your access to the Services. Notifi’s suspension or resumption of the Services does not limit or prevent Notifi from pursuing all other remedies available.
Innovation Fee: At the time of annual renewal, Notifi will apply a 5% fee on all recurring Services fees to cover product innovations, enhanced services and inflation (“Innovation Fee“). The Innovation Fee shall apply automatically upon any renewal of this Agreement and apply to all Services covered by this Agreement at the time of the renewal. The Innovation Fee will be applied to the Services fees including any additional fees incurred during the term. The Innovation Fee will be included in the annual invoice to Client due according to the payment terms set forth above.
If you decide to leverage Notifi Payments (“Payments”), you expressly agree to the following terms and conditions:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU ACKNOWLEDGE THAT THE SERVICES HAVE NOT BEEN CREATED OR ADAPTED FOR THE PARTICULAR NEEDS, OBJECTIVES OR CIRCUMSTANCES OF ANY PERSON OR ENTITY.
SWIFTBEL, NOTIFI AND THEIR SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Notifi, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
NOTHING IN THESE TERMS, INCLUDING SECTIONS 18 and 20, SHALL EXCLUDE OR LIMIT NOTIFI’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold SwiftBel, its officers, directors, employees, consultants, affiliates, subsidiaries and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Notifi Content, or your violation of these Terms.
SUBJECT TO SECTION #19 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWIFTBEL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS ON SWIFTBEL’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT SWIFTBEL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SWIFTBEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE LAST THREE MONTHS.
Without limiting other remedies, Notifi may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, Notifi may notify authorities or take any actions it deems appropriate, without notice to you, if Notifi suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by Notifi; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Notifi users, Notifi or any other third parties or the Site or Services.
Without limiting any other terms of these Terms of Service, you may stop using the Site and Services at any time.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. Notifi will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES THEREAFTER. HOWEVER, SWIFTBEL SHALL CONTINUE TO HAVE A LICENSE TO UTILIZE THE USER CONTENT.
Any suspension, termination or cancellation will not affect your obligations to Notifi under these Terms of Service (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
If you enter into a contract with Notifi for Services, your contract is for the minimum of one year. You do not have the right to terminate for convenience unless you pay the remainder of the fees due under the current term of the agreement.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
DMCA Notice of Alleged Infringement (“Notice”)
Deliver this Notice, with all items completed, to our designated Copyright Agent:
Copyright Agent
SwiftBel Inc.
8-4638 Orca Way, Tsawwassen, BC V4M 0C2
copyright@getnotifi.com
Notifi reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any “review aggregation” services currently offered as part of the Services. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. These Terms may only be modified in writing as set forth in this paragraph and may not be modified orally. Please visit this page regularly to review these Terms for any changes.
Your Customer Agreement, any Order Forms, these Terms, and our Privacy Policy constitute the entire agreement between the parties relating to the Services and all related activities (if not defined elsewhere, the “Agreement”). These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us on the Notifi Site. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Notifi to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Notifi must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.
Your Customer Agreement is with SwiftBel Inc. The Agreement and any action related thereto will be governed by the laws of the province of British Columbia, Canada without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in British Columbia, Canada, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
If you sell your business or sell or transfer a portion of assets in a merger, the purchaser or successor in interest must guarantee to perform all obligations under the Agreement for the remaining Agreement Term.
If you have any questions about these Terms, please contact Notifi at info@getnotifi.com.
Notifi offers its core Services for free with certain restrictions and limitations (“Freemium Services”). The Freemium Services extend to all of Notifi's existing subscription services but not to Notifi's non-subscription services including Payments, Mass texting, professional services, managed services or any other service specifically excluded from the Freemium Services - and payment for these excluded services shall be dictated by these Terms or other written agreements between Notifi and you. (All charges for non-subscription services such as Payments will apply.) The Freemium Services are only available if you or your business have one Location. (A “Location” is defined as a distinct person or entity who is provisioned as an account or profile through the Notifi platform.) In addition, Freemium Services only allow for limited unique conversations between your and your clients or customers in a month; with “unique conversations” defined as all of the interactions between a company and a specific, identifiable person or entity. You can have unlimited interactions with a specific client or customer within a unique conversation in a month provided you are in compliance with the FUP set forth herein. Notifi reserves the right to discontinue your access to Freemium Services if you exceed the monthly usage allowed under these Freemium Services terms; and, Notifi reserves the right to modify the Freemium Services terms at any time with or without notice.