Last updated (effective date): July 13, 2021
PULSEHOUND TERMS OF SERVICE
These Terms of Service (“Terms of Service”) constitute a binding agreement between you (“End User” or “you”) and pulsehound Ltd., an Israeli limited liability company (“Company,” or “pulsehound,” “we,” or “us”). These Terms of Service govern your use of the services offered by the Company through:
- The Company’s web-application and Mobile applications (each, an “Application”), as further described under the pulsehound End User License Agreement.
These Terms of Service become binding upon you in one or more of the following circumstances:
- If you have opened a user account (a “User Account”) with pulsehound.
- If you are accessing a pulsehound account.
- If you are using the Application, whether or not you have a User Account, including as a Collaborator of a User Account (additional information about Collaborator’s access can be found under Section 4 below).
1. Acceptance of Terms of Service Agreement
These Terms of Service are a legally binding agreement between you and us. Please read the Terms of Service carefully before you open or using a User Account, or otherwise using any Application.
These Terms of Service govern your use of certain products, services, features, functionality, and content provided by the Company and its affiliates (collectively, the “Services”).
By opening or accessing a User Account or otherwise using any Application, you accept and agree to be bound and abide by:
- These Terms of Service
- Any terms disclosed and agreed to by you if you access or purchase additional Services we offer on the Website and/or any Application.
All of the foregoing instruments are incorporated herein by reference.
If you are using the Website or an Application on behalf of corporation or other entity, you represent that you are authorized to act on behalf of such corporation or other entity and that your acceptance of these Terms of Service creates a legally enforceable obligation on such corporation or other entity. In such event the defined terms “End User” or “you” include such corporation or other entity.
2. Changes to these Terms of Service
You must be at least 18 years of age to create an account on the Company and use the Services. By creating a User Account or installing an Application, you represent and warrant that:
- You can form a binding contract with the Company.
- You are not a person who is barred from accessing or using the Services under the laws of Israel, the United States or any other applicable jurisdiction, including, and without limitation –you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
- you will comply with these Terms of Service and all applicable local, state, national and international laws, rules and regulations.
- you have never been convicted of a felony or indictable offense (or crime of similar severity).
4. Your Account; Access to Collaborators
In order to access and use certain Services, you may be required to sign up and establish a User Account with pulsehound using your email, telephone number or other identifiers we may allow from time to time, or, if we make sure option available, through any third party login we allow from time to time (a “Third Party Login”).
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for your User Account, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.
If you choose, or are provided with or generate, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your User Account using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your User Account at the end of each session. You should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information.
You may share access to portion of your User Account with third parties (each, a “Collaborator”), by sharing tokens or creating invite to such portions of your User Account, as pulsehound permits from time to time. It is your exclusive responsibility to manage access to your information and data, and by doing so you allow your Collaborator(s) access to your data and information, and allow pulsehound to make sure data and information available to your Collaborators.
We have the right to terminate any User Account and/or disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms of Service. We may also block access to Collaborators.
Pulsehound allows you to upload your materials, and materials of third parties to your User Account (“Materials”), in order to log information about past business transactions your have performed or otherwise (each, a “Transaction”) and to share such Materials with your Collaborators. Depending about the class of services you have subscribed to with pulsehound, you may share such Materials with pulsehound to receive certain logging and tracking service, which are also provided under these Terms of Service (the “Managed Account Services”).
Unless such Materials or the underlying information reach public domain (through no fault of pulsehound), pulsehound will treat all Materials as your confidential information, and such Materials shall only be used to provide the Services. Such confidential treatment does not limit pulsehound’s right to disclose such information pursuant to any legal requirement, nor does it limit the disclaimer or limitation of liability provisions below.
In addition to your other representations and warranties, you represent and warrant that:
- You have a right to share the Materials with pulsehound.
- The Materials are free from any viruses or any malicious software.
- Sharing the Materials with pulsehound or any Collaborator is at your own risk, you acknowledge that pulsehound provides no representation and/or warranties with respect to its ability to keep the Materials secure, or with respect to how Collaborators use or disclose the materials. It is your exclusive responsibility to ensure each Collaborator has executed and delivered to you applicable non-disclosure and non-use agreement, or that such Collaborators are otherwise subject to legal restrictions preventing disclosure or use of the Materials.
- If you are a Collaborator, your use of the Materials is at your own risk, you acknowledge that pulsehound provides no representation and/or warranties with respect to the Materials, including with respect to the Materials being complete, accurate, free from any virus or any malicious software.
- If you subscribed to a Managed Service Account, you understand pulsehound is not intimately familiar with the Materials or the Transactions underlying the Materials, and cannot ensure the Materials are complete, accurate or correctly logged by pulsehound.
- You understand pulsehound does not provide any legal or financial service.
5. Service Termination
You may terminate your User Account at any time, for any reason, by following going to the subscriptions page on your Application, and click “request a change”. You may also terminate access of Collaborators, by removing Collaborators from your list of Collaborators in the Application. However, if you use a third party payment account, you will need to manage in-app purchases through such account (e.g., iTunes, Stripe, Google Play) to avoid additional billing. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, these Terms of Service will terminate, except that the following provisions will survive such termination, and apply to you and the Company: Section 4, 8 through 11 (inclusive), 16 through 25 (inclusive).
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES OFFERED BY THE COMPANY AND FOR SHARING INFORMATION WITH COLLABORATORS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS.
7. Rights the Company Grants You
Subject to your full compliance with these Terms of Service, the Company grants you a personal, limited, non-assignable, nonexclusive, revocable, and non-sublicensable right to access and use the Services, and to share your information with Collaborators, or if you are a Collaborator, to view and/or edit information an owner of a User Account has made available to you. This right is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by the Company and permitted by these Terms of Service.
The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services, including termination of your User Account.
From time to time, the Company may offer specific Services for subscription (herein, the “Paid Services”) through Upay, carrier billing or any other payment platforms authorized by the Company (the “Payment Provider”). If you choose to make a of any Paid Service, you will be prompted to confirm your purchase with the applicable Payment Provider, and your method of payment (be it your card or a third party account such as Upay) (your “Payment Method”) will be charged for the Paid Service at the prices displayed to you for the Paid Service(s) you’ve selected, as well as any sales or similar taxes that may be imposed on your payments, and you authorize the Company and the relevant third party Payment Provider, as applicable, to charge you.
9. Periodic Subscriptions
If you purchase an auto-recurring periodic subscription Paid Service, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew and continue for an additional equivalent period, at the price you agreed to when subscribing. When you purchase a subscription, your Payment Method will continue to be billed in advance at the price you agreed to when initially subscribing, unless we have informed you of any change in price, and you have agreed to such change. Your Payment Method information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
Objections to a payment already made should be directed to our Customer Service at [email protected] if you were billed directly by the Company or the relevant third party Payment Provider. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.
You may unconditionally withdraw your consent to automatic card payments at any time by following going to the subscriptions page on your Application, and click “request a change”, but be advised that you are still obligated to pay any outstanding amounts.
If you want to change or terminate your subscription, you may do so by following going to the subscriptions page on your Application, and click “request a change” . Deleting your User Account or deleting the Application from your device does not terminate or cancel your subscription; the Company will be eligible to all funds charged to your Payment Method until you terminate or cancel your subscription, as described above. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may terminate your User Account immediately.
You may edit your Payment Method information by following the instructions in “Settings” pages of your User Account on the Website and/or any Application. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other Payment Provider of your chosen Payment Method.
ALL PURCHASES MADE THROUGH THE WEBSITE AND/OR ANY APPLICATION ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED OR UNCONSUMED SERVICES WHEN YOUR USER ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
To request a refund:
Please email [email protected] with details on why you’d like to receive a refund.
Our pricing structure may vary by factors we determine from time to time, in our sole discretion.
12. Third Party Providers.
The Company uses third party platforms such as SiteGround, Glide, Microsoft, Google and Upay, MailChimp, as well as other infrastructure, payment and login services (each, a “Platform”), to make the Applications, the Website and the Services made available via the Application available. The Platforms are owned and operated by third party entities. The Company facilitates such Platforms and infrastructure through designated APIs and SDKs (software development kits) to run, maintain and make the Services available (collectively, “Third-Party Providers”). The Company is not responsible for the compliance of such Third-Party Providers with any law or regulation.
13. Support Services
Generally, pulsehound does not provide any support services. However, you may contact pulsehound to determine if you are eligible to any support services. Entitlement is subject to pulsehound’s discretion, and determined on a case-by-case basis.
YOUR ACCESS AND USE OF THE SERVICES (INCLUDING, FOR REMOVAL OF DOUBT, ANY PAID SERVICES) IS AT YOUR OWN RISK. THE ACCESS AND USE OF THE SERVICES (INCLUDING, FOR REMOVAL OF DOUBT, ANY PAID SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES (INCLUDING, FOR REMOVAL OF DOUBT, ANY PAID SERVICES). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES (INCLUDING, FOR REMOVAL OF DOUBT, ANY PAID SERVICES) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES (INCLUDING, FOR REMOVAL OF DOUBT, ANY PAID SERVICES) OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES (INCLUDING, FOR REMOVAL OF DOUBT, ANY PAID SERVICES) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WITHOUT DEROGATING FROM ANY OF THE AFORESAID, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT AND SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF THE PLATFORMS OR ANY THIRD-PARTY PROVIDERS’ INFRASTRUCTURE OR SERVICES, NOR SHALL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE CAUSED TO YOU DUE TO ANY ACT OR OMISSION ON BEHALF OF SUCH THIRD-PARTY PROVIDERS OR YOUR USE OF THEIR SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US$100 OR 10% OF THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICES (INCLUDING, FOR REMOVAL OF DOUBT, ANY PAID SERVICES) RENDERED BY THE COMPANY THROUGH IN THE LAST 6 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING LIMITATION APPLY FOR ANY AND ALL DAMAGES OF ANY KIND AND UNDER ANY LEGAL THEORY, INCLUDING, AND WITHOUT LIMITATION, FOR DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES (INCLUDING, FOR REMOVAL OF DOUBT, ANY PAID SERVICES), AND IT COVERS, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
NO BROKERAGE, TRUST OR CUSTODIAN SERVICE IS PROVIDED BY PULSEHOUND.
PULSEHOUND LTD IS NOT A LICENSED BROKERAGE, TRUST OR CUSTODIAN SERVICE PROVIDER AND WE DO NOT PROVIDE ANY SERVICE PROVIDED BY THESE SERVICES. WE PROVIDE USERS WITH EDUCATIONAL AND INFORMATION TRACKING SERVICES ONLY. NONE OF OUR SERVICES ARE A SUBSTITUTE FOR PROFESSIONAL ADVICE.
NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. ALL CONTENT FOUND ON THIS WEBSITE, INCLUDING: TEXT, IMAGES, AUDIO, VIDEOS OR OTHER FORMATS WERE CREATED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF COUNSEL BEFORE RELYING ON ANY INFORMATION PROVIDED THROUGH THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Geographic Restrictions
The Services are based in the state of Israel and provided for access and use only by persons located in Israel and the United States. You acknowledge that you may not be able to access all or some of the Services outside of the State of Israel or the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the State of Israel or the United States, you are responsible for compliance with local laws.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms of Service.
18. Export Regulation
The Services may be subject to the United States export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release any portion of the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making any portion of the Services available outside the United States.
If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
21. Governing Law
22. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE AND/OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
23. Entire Agreement
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Service and any applicable purchase or other terms, the terms of these Terms of Service shall govern.
25. Copyright Infringement
If you believe that any portion of the Services violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.
- Your Comments and Concerns
- The Services are owned and operated by pulsehound Ltd., of 11 Menachem Begin Rd., Ramat Gan, Israel.
- All notices of copyright infringement claims should be sent to the Company’s copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
- All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: [email protected].