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Last updated: September 8, 2022
These “Terms of Use” are entered into by and between you and Pulsemotiv, LLC (“Pulsemotiv”, “we” or “us”). The following Terms of Use govern your access, to and use of the website https://pulsemotiv.com (the “Website”) and Pulsemotiv’s Services. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Website, or any of Pulsemotiv’s goods or services (collectively, the “Services”).
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted, and apply to all access to, and use of, the Website thereafter. Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. We encourage you to frequently review these Terms of Use so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Website in our sole discretion. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website to users, including registered users.
To access the Website, you may be asked to provide certain registration details or other information. If you choose, or are provided with, 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 the Website or portions of it 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 account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to 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 if, in our opinion, you have violated any provision of these Terms of Use.
The Website, and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), is owned by Pulsemotiv, its licensors or other providers of such material and is protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, any of the material on the Website.
The Pulsemotiv name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pulsemotiv or its affiliates or licensors. You must not use such marks without the prior written permission of Pulsemotiv. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
If you violate these Terms of Use, we reserve the right to immediately suspend or terminate your access to Website.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pulsemotiv, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Pulsemotiv. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Website from time to time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All purchases of Services made on the Website are governed by these Terms of Use. We offer a variety of different Services, that you have the ability to turn on, or turn off, in any given month after purchase. Nevertheless, please note that the use of our Services requires payment of recurring fees. Before we have any obligation to provide the same to you, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time. You agree that, upon registering for the Services, you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly, quarterly, annually). Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. We reserve the right to terminate your account in the event of non-payment of amounts owed to us. All amounts owed under these Terms of Use are non-cancelable and non-refundable, except as specifically provided in this Online Purchases section.
We reserve the right to change our fees upon 5 calendar days’ advance notice. By continuing to use the Services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees.
You may cancel your subscription with us at any time directly in our application, or by contacting our support team at: support@pulsemotiv.com. If you cancel your subscription before the next renewal cycle, you can continue using your account and accessing your design files until the end of your paid billing term. When your subscription expires, you will no longer have access to our Services and all files associated with those Services. We do not provide refunds or credits for partial months of service, downgrades, or unused time.
Pulsemotiv’s 14-day Customer Satisfaction period applies to quarterly and annual subscriptions only. Under this policy, the purchase of a Pulsemotiv quarterly or annual subscription is eligible for a full refund if requested on or before 14 calendar days from the initial sign-up date. This is not applicable for renewals. We reserve the right to refuse the refund in our sole discretion.
We do our best to minimize any mistakes. However, due to the nature of creative design, we cannot guarantee all files delivered will be 100% error-free. When we deliver a file to you, you agree to review and proof all files for any errors or omissions and notify us if any changes or corrections are needed within seven (7) calendar days of receipt. We will do our best to rush edits to correct any mistakes that you notify us about during this time period. If you notify us of any errors after that time period, we are not required to but intend to try to work with you to make corrections.
The speed of your account is determined by how many subscriptions you have. A subscription is a measurement of output, and represents what we can accomplish in a business day, with our team, our software, and our graphic design platform. What we can create with a single subscription depends on many factors, including, but not limited to: (i) the type of plan; (ii) the volume of requests; (iii) and the complexity of requests. We do not guarantee the amount of work that we can create with a single subscription. To increase the volume of work we can complete within a business day, we suggest you add subscriptions to your account.
You are the owner and/or controller of all of your information, data or materials that you provide to us to use the Website and any of our Services (“Customer Content”). By submitting Customer Content to us, you are representing that you are the owner of such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty free, non-exclusive license to access and use Customer Content to provide the Services of the Website.
You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the deliverables, including all intellectual property rights therein. We agree that with respect to any deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such deliverables are deemed a “work made for hire” for you. To the extent that any deliverables do not constitute a “work made for hire,” we irrevocably assign you all right, title, and interest throughout the world in and to the deliverables, including all intellectual property rights therein. Notwithstanding the foregoing, the terms of this paragraph are subject to your compliance with the Terms of Use, your full payment of applicable amounts due and further terms set forth below.
In the course of providing our Services to you, we may use certain pre-existing materials. We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables. We expressly reserve all other rights in and to such pre-existing materials.
Pulsemotiv does not support and will not tolerate its Services being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the Services, in a manner which would or would likely incite, promote or support such discrimination and you must not use the Services to incite or promote hostility or violence. If we believe in our sole determination that your use of the Services is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Services, without notice and liability for any reason.
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Our privacy policy, which can be found at https://pulsemotiv.com/pulsemotiv-privacy-policy/ (the “Privacy Policy”), describes how we may use your personal information. By continuing to use this Website, you accept the Privacy Policy, which is incorporated herein by reference as if fully set forth herein. If you object to your personal information being used as described in the Privacy Policy, please leave this Website immediately. You must be at least age 18 to access this Website.
PLEASE NOTE: Your Personal Data (as defined below) may be stored and processed in any country where we have facilities or in which we engage service providers. If you are accessing this Website from outside the United States, you may be sending information, including Personal Data to the United States where our servers are located. That information may be transferred within the United States or back out of the United States to other countries outside your country of residence. These countries do not necessarily have data protection laws as comprehensive as those in your country. Information transferred to the United States or another country is subject to the laws of that country and may be disclosed or accessed in accordance with those laws. By transferring information or allowing information to be transferred to us, you consent to the transfer, processing and storage in countries outside your country of residence. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Data. Personal data is information that identifies you or can be used to identify or contact you, e.g., your name, email address, address, usage data, phone numbers, and unique device identifiers (“Personal Data”).
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR OUR ACCESS TO YOUR SYSTEM OR FILES AS PART OF OUR SERVICES.
YOUR USE OF THE WEBSITE AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PULSEMOTIV NOR ANY PERSON ASSOCIATED WITH PULSEMOTIV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PULSEMOTIV NOR ANYONE ASSOCIATED WITH PULSEMOTIV REPRESENTS OR WARRANTS THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, WON’T CAUSE A DROP IN SEO PAGE RANK,
THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PULSEMOTIV 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL PULSEMOTIV, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Pulsemotiv, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or your use of any information obtained from the Website.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Website by submitting written notification to our agent designated below.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Website, a representative list of such works; (iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the written notice is accurate; (vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent to receive DMCA Notices is:
Nathan Sirrine, Chief Product Officer
nate@pulsemotiv.com
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the state of Utah without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website will be instituted exclusively in the courts located in Salt Lake City, Utah, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by Pulsemotiv of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pulsemotiv to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the sole and entire agreement between you and Pulsemotiv with respect to the subject matter of these Terms of Use and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter of these Terms of Use.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@pulsemotiv.com.