We are Pulsember Technologies Ltd ("Company," "we," "us," "our"), a company registered in the United Arab Emirates at RAK BANK ROC Office, Ground Floor Al Rifaa, Sheikh Mohammed Bin Zayed Road, Ras Al Khaimah, UAE.
We operate the website pulsember.com (the "Site"), the mobile application Pulsember(the "App"), as well as any other related products and services that refer or link to these Legal Terms (collectively, the "Services").
We reserve the right to make changes to these Legal Terms at any time. We will alert you by updating the "Last updated" date and your continued use of the Services constitutes acceptance of the revised terms.
Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Intellectual Property Rights
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You are solely responsible for your Submissions and expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.
User Representations
By using the Services, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update it as necessary
- You have the legal capacity and you agree to comply with these Legal Terms
- You are not a minor in the jurisdiction in which you reside
- You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the Services for any illegal or unauthorized purpose
- Your use of the Services will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Subscriptions
Current Free Model
The Services are currently provided free of charge. No payment information is required to create an account or access any current features of the application. We reserve the right to introduce paid subscription tiers in the future, and will provide notice to existing users prior to any such change.
Future Premium Subscription
We intend to introduce a Premium subscription tier in connection with the launch of bank account integration via Plaid. When launched, Premium will be offered at $4.99/month or $39.99/year. Existing free users will not be automatically enrolled or charged. Subscription to Premium will be a separate, voluntary opt-in.
Billing and Renewal (when Premium launches)
Once the Premium subscription is available, subscriptions will automatically renew unless canceled. You will consent to recurring charges at the time of subscribing. The billing cycle length will depend on the plan chosen (monthly or annual).
Cancellation (when Premium launches)
Premium subscribers will be able to cancel at any time via their device's subscription settings. Cancellation takes effect at the end of the current paid term. Downgrading to the free tier will not result in loss of data. Questions? Email contact@pulsember.com.
Fee Changes
We may, from time to time, make changes to subscription fees and will communicate any price changes to you in accordance with applicable law and with reasonable advance notice.
Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Circumvent, disable, or otherwise interfere with security-related features of the Services
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
- Use any information obtained from the Services in order to harass, abuse, or harm another person
- Make improper use of our support services or submit false reports of abuse or misconduct
- Use the Services in a manner inconsistent with any applicable laws or regulations
- Engage in unauthorized framing of or linking to the Services
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use and enjoyment of the Services
- Engage in any automated use of the system, such as using scripts, data mining, robots, or similar data gathering and extraction tools
- Delete the copyright or other proprietary rights notice from any Content
- Attempt to impersonate another user or person or use the username of another user
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services
- Harass, annoy, intimidate, or threaten any of our employees or agents
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services
- Use the Services as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise
- Use the Services to advertise or offer to sell goods and services
- Sell or otherwise transfer your profile
User Generated Contributions
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
When you create or make available any Contributions, you represent and warrant that your Contributions do not infringe any third-party rights, are original or properly licensed, are not false or misleading, are not spam or unsolicited advertising, are not obscene or harassing, and do not violate any applicable law or regulation. Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.
Contribution License
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with your Contributions. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Mobile Application License
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App strictly in accordance with the terms and conditions of this mobile application license. You shall not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; or use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor"): the license granted to you is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You represent and warrant that you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country.
Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
Privacy Policy
Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Term and Termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Governing Law
These Legal Terms shall be governed by and defined following the laws of the United Arab Emirates. Pulsember Technologies Ltd and yourself irrevocably consent that the courts of the United Arab Emirates shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
Dispute Resolution
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the United Arab Emirates courts. Pulsember Technologies Ltd shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.
Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
Disclaimer
Limitations of Liability
Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
- Use of the Services
- Breach of these Legal Terms
- Any breach of your representations and warranties set forth in these Legal Terms
- Your violation of the rights of a third party, including but not limited to intellectual property rights
- Any overt harmful act toward any other user of the Services with whom you connected via the Services
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Sheikh Mohammed Bin Zayed Road
Ras Al Khaimah, United Arab Emirates
contact@pulsember.com
Social Media
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account"). You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach of any of the terms and conditions that govern your use of the applicable Third-Party Account.
You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers. We are not responsible for any Social Network Content.