Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your") and Volomn LLC, operating as NativeSuite ("NativeSuite", "we", "our", "us"). By creating an account, accessing, or using the NativeSuite platform, website, mobile application, APIs, or related services (collectively, the "Service"), you agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and all other policies referenced herein.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and "you" refers to both you individually and the organisation.

These Terms are intended to comply with applicable laws in the United States, the European Union, the United Kingdom, Nigeria, and other jurisdictions where our users are located. Where local law grants you rights that cannot be contractually waived, those rights are preserved — see Section 16.4 (Jurisdiction-Specific Consumer Protections).

If you do not agree to these Terms, do not access or use the Service.

2. Description of Service

NativeSuite is a software-as-a-service (SaaS) platform that enables web and backend developers ("Developers") to deliver native mobile functionality to their users ("End-Users") without building a native mobile application from scratch. The Service includes:

3. Account Registration and Security

3.1 Account Creation

To use the Service as a Developer, you must create an account by providing accurate and complete information, including your name, email address, and a secure password. You may also sign in using Google or Apple OAuth. You must be at least 18 years of age (or the age of majority in your jurisdiction) to create a Developer account.

3.2 Account Security

You are responsible for:

We are not liable for any loss or damage arising from your failure to secure your account.

3.3 Organisation Accounts

When you create an organisation, you are the Owner. You may invite team members with Admin or Member roles. As the Owner, you are responsible for the actions of all team members within your organisation. Organisation Owners and Admins can manage team membership and permissions.

4. Subscriptions, Billing, and Payments

4.1 Plan Tiers

The Service is offered in multiple plan tiers (Free, Starter, Growth, and Scale), each with defined limits on the number of apps, widgets per release, notification templates per release, connected End-Users, monthly notifications, team members, and live activity minutes. Current plan details and pricing are available on our Pricing page.

4.2 Free Tier

The Free tier is available at no cost and provides limited access to the Service. Free tier accounts are subject to hard usage limits — when limits are reached, further usage is restricted until the next billing period or until you upgrade to a paid plan. We reserve the right to modify the Free tier's features and limits at any time with 30 days' notice.

4.3 Paid Subscriptions

Paid subscriptions (Starter, Growth, and Scale) are billed in advance on a monthly or yearly basis, as selected at the time of subscription. All payments are processed securely through Stripe. By subscribing to a paid plan, you authorise us to charge your payment method on a recurring basis until you cancel.

4.4 Overage Billing

Paid plans that exceed their included notification or live activity minute allocations may incur overage charges. Overages are calculated based on actual usage beyond your plan's included allocation and are billed at the end of each billing period. Current overage rates are published on our Pricing page.

4.5 Upgrades and Downgrades

You may upgrade your plan at any time. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the current billing period. Downgrades take effect at the beginning of the next billing period — you will continue to have access to your current plan's features until then. If your downgraded plan has lower limits than your current usage, you may need to reduce your usage before the downgrade takes effect.

4.6 Cancellation

You may cancel your paid subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until then. We do not provide refunds for partial billing periods, except where required by applicable law.

4.7 Failed Payments

If a payment fails, we will attempt to charge your payment method again and notify you by email. If payment remains unsuccessful after our retry attempts, your account may be downgraded to the Free tier. You remain responsible for any outstanding charges.

4.8 Taxes

All fees are exclusive of applicable taxes (including VAT, GST, and sales tax). You are responsible for paying all taxes associated with your use of the Service, except for taxes based on NativeSuite's net income.

4.9 Price Changes

We may change our pricing at any time. For existing subscribers, price changes will take effect at the beginning of the next billing period following at least 30 days' written notice. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Developer Responsibilities

5.1 End-User Data

As a Developer, you are the data controller for the End-User data processed through your apps on NativeSuite. You are responsible for:

5.2 App Content

You are solely responsible for the content delivered through your apps, including widget content, notification text and images, live activity data, and data sourced from your connected data sources. All content must comply with our Acceptable Use Policy.

5.3 Data Sources

When connecting external data sources, you represent and warrant that you have the right to access and use data from those sources, and that providing that data to End-Users through NativeSuite does not violate any third-party terms of service, contracts, or applicable law.

5.4 API Usage

Your use of the NativeSuite API is subject to these Terms and any additional API documentation we publish. You must:

5.5 Webhooks

If you configure webhooks, you are responsible for maintaining a reachable endpoint that can process webhook payloads. We will attempt to deliver webhook events with retries, but we do not guarantee delivery. You should verify webhook signatures using your signing secret to ensure payload authenticity.

6. End-User Terms

End-Users who use the NativeSuite mobile application agree that:

7. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. In addition, you agree not to:

8. Your Content and Data

8.1 Ownership

You retain all ownership rights in the content and data you provide through the Service ("Your Content"). NativeSuite does not claim ownership of Your Content.

8.2 Licence Grant

By using the Service, you grant NativeSuite a limited, non-exclusive, worldwide, royalty-free licence to use, store, reproduce, modify, and display Your Content solely for the purpose of providing, maintaining, and improving the Service. This licence continues for as long as Your Content remains on the Service and for a reasonable period thereafter to allow for backup deletion.

8.3 Content Responsibility

You are solely responsible for Your Content and represent and warrant that you have all rights necessary to grant the licence above, and that Your Content does not infringe any third-party rights or violate any applicable law.

8.4 Content Removal

We reserve the right to remove or disable access to any content that we reasonably believe violates these Terms or our Acceptable Use Policy, without prior notice. We will make reasonable efforts to notify you when content is removed, except where prohibited by law or where notification could cause harm.

9. Intellectual Property

9.1 NativeSuite IP

The Service, including its design, architecture, code, features, documentation, trademarks, logos, and visual identity, is the intellectual property of NativeSuite and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Service without our prior written consent.

9.2 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, worldwide, royalty-free licence to use, modify, and incorporate the Feedback into the Service without any obligation to you.

9.3 Open Source

Certain components of the Service may include open-source software. The applicable open-source licences govern your use of those components, and nothing in these Terms restricts your rights under those licences.

10. Availability, Modifications, and Support

10.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will provide reasonable advance notice of planned maintenance where practicable.

10.2 Modifications

We reserve the right to modify, update, or discontinue any part of the Service at any time. For material changes that negatively affect your use of the Service, we will provide at least 30 days' prior notice. If a change materially reduces the functionality of a paid plan, you may terminate your subscription and receive a prorated refund for the remaining prepaid period.

10.3 Support

We provide support through email. Response times and support scope may vary by plan tier. Support is provided on a reasonable-efforts basis and does not include custom development, integration consulting, or support for third-party services.

11. Confidentiality

Each party may have access to confidential information of the other party ("Confidential Information"). Confidential Information includes, but is not limited to, API credentials, signing secrets, business plans, technical data, and non-public product information. Each party agrees to:

This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party without restriction.

12. Warranties and Disclaimers

12.1 Limited Warranty

NativeSuite warrants that the Service will perform materially in accordance with its published documentation. If the Service fails to meet this warranty, your sole remedy is for us to use commercially reasonable efforts to correct the non-conformance or, if we are unable to do so, to terminate your subscription and provide a prorated refund.

12.2 Disclaimers

EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT DELIVERED THROUGH THE SERVICE BY DEVELOPERS, INCLUDING WIDGET CONTENT, NOTIFICATIONS, AND LIVE ACTIVITIES.

PUSH NOTIFICATION DELIVERY DEPENDS ON THIRD-PARTY SERVICES (APNs, FCM) AND DEVICE CONDITIONS. WE DO NOT GUARANTEE DELIVERY, TIMELINESS, OR RECEIPT OF ANY NOTIFICATION.

13. Limitation of Liability

13.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NATIVESUITE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO NATIVESUITE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

13.3 Exceptions

The limitations in this section do not apply to: (a) breaches of confidentiality obligations; (b) intellectual property infringement claims; (c) your payment obligations; or (d) liability that cannot be excluded or limited under applicable law.

14. Indemnification

14.1 Developer Indemnification

If you are a Developer, you agree to indemnify, defend, and hold harmless NativeSuite and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms or applicable law; (d) your violation of any third-party rights, including intellectual property or privacy rights; or (e) any claim by an End-User related to your app or the data you collect, process, or deliver through the Service.

14.2 Procedure

We will promptly notify you of any claim subject to indemnification, provide reasonable cooperation, and allow you to control the defence. We may participate in the defence at our own expense. You may not settle any claim that imposes obligations on us or admits fault on our behalf without our prior written consent.

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us at support@nativesuite.io or through your account settings. If you have a paid subscription, termination will take effect at the end of the current billing period.

15.2 Termination by Us

We may suspend or terminate your account:

15.3 Effect of Termination

Upon termination:

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first attempt to resolve the dispute informally by contacting us at legal@nativesuite.io. We will attempt to resolve the dispute within 30 days.

16.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

16.3 Jurisdiction

Any disputes arising out of or related to these Terms that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, United States. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction.

16.4 Jurisdiction-Specific Consumer Protections

Nothing in these Terms excludes or limits any rights that you have under mandatory consumer protection laws in your jurisdiction that cannot be contractually waived or limited. Specifically:

16.5 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. This waiver does not apply in jurisdictions where class action waivers are prohibited by law.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, Data Processing Agreement, and any order forms or plan selections, constitute the entire agreement between you and NativeSuite and supersede all prior agreements, representations, and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

17.3 Waiver

No failure or delay by NativeSuite in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any right is effective only if in writing and signed by NativeSuite.

17.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

17.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, epidemics, internet or power failures, or failures of third-party services (including Apple, Google, Stripe, or cloud infrastructure providers).

17.6 Notices

We may provide notices to you via email to the address associated with your account, through the Service, or by posting on our website. You may provide notices to us by email to legal@nativesuite.io. Notices are effective upon receipt (for email) or upon posting (for website notices).

17.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that End-Users are intended third-party beneficiaries of Developer's obligations under Section 5 (Developer Responsibilities).

18. Contact

If you have questions about these Terms of Service, please contact us: