Download Pushmodo

License agreement, disclaimer of warranties, limitation of liability, and indemnification

1. Acceptance. By downloading, installing, or using Pushmodo (the “Software”), you (the “User”) acknowledge that you have read, understood, and agree to be bound by all of the terms set forth below. If you do not agree to all of these terms, you are not authorized to download, install, or use the Software, and you must immediately discontinue any such use.

2. License grant. The Software is licensed (not sold) to you on a non-exclusive, non-transferable, revocable basis solely for your personal, internal use during the early-access preview period. No rights are granted by implication, estoppel, or otherwise. All right, title, and interest in and to the Software remain with Glen Osmond and Pushmodo (collectively, the “Publisher”).

3. Preview / pre-release status. The Software is provided as an early-access, pre-release preview. It may contain bugs, errors, security vulnerabilities, incomplete features, performance issues, and other defects. The Publisher makes no commitment that the Software will be made generally available, supported, or maintained. Features may be added, changed, or removed at any time without notice.

4. Disclaimer of warranties. THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE PUBLISHER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE PUBLISHER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

5. Assumption of risk. The User acknowledges and agrees that the User is solely responsible for evaluating the suitability of the Software for the User’s intended use; for protecting and backing up the User’s systems, data, and accounts before installation; and for any consequences of installation, configuration, or use, including but not limited to data loss, system instability, account suspensions, costs incurred from third-party services (e.g., AI API fees, social platform charges, hosting fees), or any other adverse outcome.

6. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PUBLISHER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY; SECURITY BREACHES; OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SOFTWARE, AND WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE PUBLISHER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT THE USER ACTUALLY PAID THE PUBLISHER FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE U.S. DOLLARS (US$5.00). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7. Indemnification. The User agrees to indemnify, defend, and hold harmless the Publisher and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and service providers, from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses of any kind (including, without limitation, reasonable attorneys’ fees and court costs) arising out of, related to, or resulting from: (a) the User’s download, installation, configuration, or use of the Software; (b) any content the User generates, processes, uploads, publishes, or distributes using the Software; (c) the User’s violation of these terms; (d) the User’s violation of any third-party right, including without limitation any intellectual-property right, privacy right, publicity right, or contractual right; (e) the User’s violation of any applicable law, rule, or regulation, including without limitation copyright law, the rules of any social-media platform, or any export-control law; or (f) any other party’s access to or use of the Software using the User’s credentials or device. The Publisher reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify the Publisher, and the User agrees to cooperate with the Publisher’s defense of those claims.

8. Third-party services. The Software may interact with third-party services (including but not limited to OpenAI, Anthropic, Google/Gemini, AssemblyAI, YouTube, TikTok, X, and others). The User is solely responsible for compliance with the terms of service, acceptable-use policies, content policies, and any fees of those services. The Publisher is not a party to, and has no responsibility for, the User’s relationship with any third-party service.

9. Compliance and lawful use. The User represents and warrants that the User will use the Software in compliance with all applicable laws and regulations, including without limitation laws governing copyright, defamation, privacy, data protection, false advertising, and the rights of publicity. The User will not use the Software to create, distribute, or publish any content that infringes the rights of others, that is unlawful, or that violates the terms of service of any platform on which content is published.

10. Telemetry and updates. The Software may periodically check for updates and may report basic version information for that purpose. By using the Software, the User consents to such checks and to the automatic download and installation of updates.

11. Termination. The Publisher may terminate or suspend the User’s license to use the Software at any time, with or without notice, for any reason or no reason. Upon termination, the User must immediately cease all use of the Software and uninstall all copies. Sections 4 through 12 of these terms survive any termination.

12. Governing law and venue. These terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these terms or the Software will be brought exclusively in the state or federal courts located in Suffolk County, New York, and the User irrevocably consents to the personal jurisdiction and venue of those courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13. Severability. If any provision of these terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be reformed to the minimum extent necessary to be valid and enforceable.

14. Entire agreement. These terms constitute the entire agreement between the User and the Publisher regarding the Software and supersede all prior or contemporaneous understandings, communications, and agreements, whether written or oral.

Plain-language summary (informational only — does not modify the terms above): Pushmodo is a free preview build. It might not work, might break things, might cost you money in third-party API fees. You install it at your own risk. The Publisher is not liable for any damages, and you agree to defend and indemnify the Publisher if your use of the Software causes any claim against it. If you don’t agree, don’t install it.