Terms of Service

Last updated: June 25, 2023

Digital Pulse is the provider and operator of the Digital Pulse Service (“Company”, “we” “our” or “us”, and the “Services”, respectively), which is embedded in the functionality of the “the product you choose to install (the “Product”)”, or is provided to you as a stand-alone, individual service. These terms of service (TOS) constitute a binding agreement between you, when you choose and agree to install the Services, or if you otherwise use them as part of using the Product. 

These TOS incorporate the Services Privacy Policy, available here and together form a binding agreement (“Agreement”).

Licenses

Subject to your compliance with these TOS, you are hereby granted a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Services on your eligible devices for the sole purpose of Digital Pulse. Except for the limited rights granted herein to use and/or the Services, we reserve all rights, title, and interest in and to the Services, including all software, programming interfaces, and other technology underlying Services and all content, updates, upgrades, and improvements to the Services.

Restrictions

The use of the Services is subject to certain restrictions. You are prohibited from modifying, disassembling, decompiling, or reverse engineering any part of the Services, copying or reproducing it in whole or in part, or using it to provide computer services to third parties. You may not distribute the Services or disclose its performance benchmarks to third parties without our prior written consent. Additionally, you are prohibited from using our trademarks to market your developed program without written permission or in a way that suggests endorsement by us. 

Availability

We make reasonable efforts to ensure that the Services and related technologies are available and functioning properly, however, we cannot guarantee uninterrupted access or availability at all times. We may need to suspend or terminate access to the Services or related technologies for maintenance, upgrades, or other reasons beyond our control. We are not liable for any interruptions or unavailability of the Services or related services, and we do not guarantee that they will meet your requirements or expectations.

You acknowledge that the availability of the Services may be affected by factors outside our control, including, without limitation, your internet service provider, mobile network operator, or other third-party services. We are not responsible for any such factors or for any disruption, interference, or other problems that may arise from them.

Benefits

As part of your use of the Services, we may provide certain benefits or incentives to you (“Benefits”), in exchange for your continued use of the Services. These benefits may include unlocking premium features on various 3rd party programs,  or ads removal.

We reserve the right to modify, terminate, or otherwise change the Benefits offered to you at any time and for any reason without prior notice or liability. You acknowledge that the Benefits are provided to you on an “AS IS” and “AS AVAILABLE” basis and that we do not make any representations or warranties regarding the Benefits or their suitability for any particular purpose.

You further acknowledge that any Benefits provided to you by us are provided as a reward or incentive for your use of the Services and that we may modify or terminate these Benefits at any time, at its sole discretion. You agree that you will not rely on any Benefits provided to you and that you will not take any action or refrain from taking any action in reliance on these Benefits.

Disclaimers

The Services and related technologies are provided on an “as-is” and “as-available” basis. You, and the Product using us, bear the risk of using it. we disclaim all warranties – statutory, express, or implied – including the warranties of merchantability, for a particular purpose, and non-infringement. We provide no express or implied warranties or guarantees with respect to your use of the Services. you may have additional consumer rights under your local laws, which this agreement cannot change.

Limitation of liability

you understand and agree that we will not be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or related to your use of the Services. our cumulative liability shall not exceed the amounts paid by you to us for the Services.

In the event of termination, you acknowledge that we shall have no liability or responsibility to them. You hereby waive any and all claims or causes of action against us, arising from such termination. Your usage or approval of the Services is at your own risk and we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, data or other intangible losses, arising out of or in connection with the termination of this Agreement or your use and approved integration of the Services.

Privacy & data protection

We value the privacy and security of your personal information and take commercially reasonable administrative, physical, and electronic measures to protect the Services and the data from unauthorized access, use, modification, deletion, and/or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat its security measures at all times. By using or allowing the Services, you consent to the Service’s Privacy Policy, which can be found here. Please note that we are not responsible for any information practices exercised by any third-party providers or other third parties that we do not own or control.

Term and Termination

This Agreement is effective as of the approval of the Services and until terminated by you or us. We reserve the right to terminate this Agreement immediately if the user fails to comply with any of the terms of this Agreement. Despite anything contained in this Agreement to the contrary, we may, in its sole discretion, terminate or suspend access to the Services at any time, with or without notice to the user.

Sections of this Agreement, including but not limited to those addressing intellectual property and limitations of liability, shall survive any termination and/or expiration of this Agreement. We reserve the right to modify or terminate the Services at any time without prior notice to you, and we shall not be liable to the user or any third party for any such modification or termination.

Third parties

The Services may contain links or references to third-party websites or resources, and third parties may offer products or services through the Services. We have no control over such third-party websites, resources, products, or services, and therefore, we are not responsible for their availability, content, or accuracy. Your use of third-party websites, resources, products, or services is at your own risk. We will not be liable for any damages or losses arising from or in connection with your use of any third-party websites, resources, products, or services. You acknowledge and agree that we are not responsible for any third-party applications’ behavior, features, or content, including those that may be preloaded or embedded in the Services. Any reference to a third-party product or service in the Services does not imply an endorsement by us of such product or service. You are solely responsible for reviewing and complying with the terms and privacy policies of any third-party websites, resources, products, or services you use or access through the Services.

Proprietary Rights

We hold all proprietary rights and intellectual property in and of the Services and related technologies, patents (and patent applications), trademarks and trade secrets, including any authorized copies potentially and illegally made by the user. The Services’ code, organization, and structures are confidential information and trade secrets owned by us and protected by law. Users must agree to protect our ownership interests and copyrights in all the Services items. Reproduced copies of the Services must include the same proprietary notices as the original. We retain all worldwide rights, titles, and ownership of the Services’ intellectual property. This Agreement does not grant users any patents, copyrights, trade secrets, trademarks, or other rights regarding the Services, except as specifically stated in this Agreement. Any unauthorized use of the Services may infringe upon our proprietary rights, and the user may be held liable for resulting damages.

General Provisions

  • Eligibility. You must be 18 years of age or over, or at the legal age to form a binding contract in your jurisdiction if that age is greater than 18, to enable the Services.
  • Assignment. This Agreement is not assignable or transferable, in whole or in part, by you, whether involuntarily, by merger, operation of law or otherwise, without our prior written consent. Any attempted transfer in violation of this Section is void.
  • Waiver. A waiver of any default hereunder or of any of the terms and conditions of this Agreement will not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition but will apply solely to the instance to which such waiver is directed.
  • Exercise of Rights. The exercise of any right or remedy provided in this Agreement will be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by this Agreement.
  • Severability. In the event any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed from the remainder of this Agreement, and such remainder will remain in force and effect. The parties agree to replace any such invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
  • Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to this subject matter and supersedes all prior and/or simultaneous representations, discussions, negotiations, and agreements relating to the Services, whether written or oral.
  • Jurisdiction and governing law. This Agreement shall be governed by the laws of the State of Delaware, excluding its conflict of law rules, and the courts of San Diego CA shall have exclusive jurisdiction over the parties.

Contact

If you have any further questions or require further clarification, please contact us by sending an e-mail to: hello@digitalpulsedata.com