Terms of service

Agreement

These Terms of Service (“Terms”) govern access to and use of the Pushytap mobile applications, web portal, APIs, and real-time push-to-talk communications platform (collectively, the “Service”).

If your organisation has a separate written agreement with us (for example an order form or master services agreement), that agreement governs to the extent it conflicts with these Terms.

By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of an organisation, you represent that you are authorised to do so, and “you” includes that organisation. If you are not so authorised, you still agree to these Terms in your personal capacity as a user.

The Service

Pushytap is an operational workplace radio and communications platform designed for team coordination and field operations. It is not a consumer social network and it is not an advertising product.

We may change, suspend, or discontinue features. We do not promise any particular uptime, latency, or coverage. The Service depends on devices, operating systems, hardware permissions, and third-party networks that we do not control.

No emergency or life-safety services (Not a 911 replacement)

The Service is an operational communication tool for workplace coordination. It is NOT a certified life-safety system, mission-critical public safety network, or central alarm monitoring service.

• No replacement for 911 / public emergency services: The Service cannot, and does not, connect directly to or replace municipal public emergency dispatch (such as 911, 999, 112, or local emergency services). In any life-threatening emergency, medical incident, fire, active crime, or immediate physical danger, users must immediately contact official local emergency services using standard telephone networks.
• Auxiliary nature of SOS and safety features: Any SOS, panic alert, guard safety, or emergency broadcast features in the Service are provided solely for internal team situational awareness. They do not constitute an emergency dispatch service and do not guarantee that any party will receive, acknowledge, or respond to an alert.
• No assumption of duty of care: We do not monitor communications for safety emergencies and do not assume any duty of care, responsibility, or liability for physical security, personal safety, emergency response outcomes, or dispatch actions.

Network, device, and environmental dependencies

Real-time audio transmission, push-to-talk, emergency alerts, and GPS location tracking rely on third-party technologies and public infrastructure outside of our control:

• Third-party networks: Transmission depends on the availability, coverage, and performance of third-party cellular networks (LTE/5G), Wi-Fi connections, internet service providers, and satellite links. Coverage gaps, carrier outages, congestion, and signal attenuation will degrade or prevent message and audio delivery.
• Device and OS factors: Delivery and background operation depend on mobile operating system settings, background execution limits, battery-saver modes, device hardware capabilities, and user-granted permissions (such as microphone, background audio, and high-accuracy location access).
• No guarantee of delivery or real-time performance: Pushytap does not guarantee uninterrupted, continuous, error-free, or zero-latency communication. Transmissions and location fixes may be delayed, dropped, or corrupted due to network or environmental conditions.

Accounts and access

Accounts are issued and managed by the organisation. There is no self sign-up in the field app.

The organisation is responsible for who it authorises, for keeping credentials confidential, and for all activity under its accounts. Notify us promptly of unauthorised access.

We may suspend access to protect the Service, other customers, or if we reasonably believe these Terms or applicable law have been violated.

Customer responsibilities

The organisation is responsible for:

• Its lawful use of the Service, including employment, workplace-monitoring, and privacy obligations to its people and to the public.
• Notices and consents required for location tracking, audio transmission, video, or recording under applicable law.
• How it configures the Service, including talkgroups, recording, and who may see maps, incidents, and other records.
• Its operational safety and dispatch procedures. The Service is a software tool; it does not replace the organisation’s duty of care or professional security responsibilities.

Acceptable use

You may not:

• Use the Service for any unlawful purpose, or to harass, threaten, or harm anyone.
• Attempt to access accounts, data, or systems you are not authorised to use.
• Interfere with or disrupt the Service, including by overloading, scraping in an abusive way, or circumventing technical limits.
• Reverse engineer the Service except where applicable law allows it.
• Resell, sublicense, or provide the Service to third parties except as expressly permitted in a written agreement with us.
• Misrepresent your identity or affiliation, or remove proprietary notices.

Customer content

The organisation retains its rights in content submitted to the Service (“Customer Content”), including roster data, messages, recordings it has enabled, incidents, and media.

The organisation grants us a limited licence to host, process, transmit, and display Customer Content solely to provide, maintain, and secure the Service, and as described in our Privacy Policy.

We do not claim ownership of Customer Content. We may remove or restrict content that we reasonably believe violates these Terms or the law.

App stores

If you download a Pushytap app from an app store, that store’s terms also apply. The store provider is not a party to these Terms and has no obligation to provide maintenance or support for the app. To the extent required by that store’s rules, the store provider is a third-party beneficiary of these Terms as they relate to your use of the app.

Intellectual property

We and our licensors own the Service, including software, branding, and documentation. These Terms do not transfer that ownership. We grant the organisation a non-exclusive, non-transferable right to use the Service during the term, solely for its internal operations, in accordance with these Terms.

The Service may include third-party and open-source components under their own licences.

Fees

If the organisation has a paid subscription or order, fees, taxes, and billing terms are those in that order or account. Unpaid amounts may result in suspension. Fees are non-refundable except as required by law or a written agreement.

Confidentiality

Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms and will protect it using at least reasonable care. This does not apply to information that is public, independently developed, or rightfully received from another source.

Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” We disclaim all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that communications, alerts, or location data will be delivered without delay or loss.

Limitation of liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.

To the maximum extent permitted by law, we are not liable for any bodily injury, death, physical harm, property damage, loss of assets, security incident, or failure of emergency response arising out of or related to the use, failure, or unavailability of the Service.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms is strictly limited to the fees the organisation actually paid to us for the Service in the twelve (12) months preceding the claim, or one hundred US dollars ($100) if no fees were paid.

These limits do not apply to a party’s fraud or willful misconduct, or to liability that cannot be limited under applicable law.

Indemnity

The organisation will defend and indemnify us against claims, damages, liabilities, and costs (including reasonable legal fees) arising from Customer Content, the organisation’s operations or security activities, use or misuse of the Service by its users, or violation of these Terms or applicable law, except to the extent caused by our gross negligence or willful misconduct.

Term and termination

These Terms apply while you use the Service. The organisation may stop using the Service at any time. We may suspend or terminate access as set out above, or if the organisation’s account is closed.

On termination, the right to use the Service ends. Provisions that by their nature should survive (including intellectual property, confidentiality, disclaimers, liability limits, and indemnity) will survive. Customer Content is handled as described in the Privacy Policy and any written agreement.

Changes

We may update these Terms. The effective date at the top will change. Material changes will be posted on this page. Continued use after the effective date constitutes acceptance, except where applicable law requires otherwise.

General

If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganisation or sale of the business.

These Terms are the entire agreement between you and us regarding the Service, except for any separate written agreement with the organisation.

Governing law and venue are those specified in a written agreement with the organisation. If none is specified, these Terms are governed by the laws of the jurisdiction in which the Pushytap contracting entity is organised, excluding conflict-of-law rules.

Contact

Questions about these Terms: privacy@pushytap.com.