We want to make sure that everything is perfectly clear so that we have a harmonious relationship.
By using the PulseAlign application and online services (the “Service”) , you agree to the legal terms set forth by the following terms and conditions (“Terms of Service”). By using the Service, you agree to each of the terms set forth below. If you do not agree with any term or condition set forth below, you are not authorized to use the Service for any purpose.
PulseAlign reserves the right to modify the Terms of Service from time to time without prior notice, effective upon posting an updated version of this Terms of Service on the Service or Site. You are responsible for regularly reviewing this Terms of Service. Continued use of the Service after any such modifications to the Terms of Service shall constitute your consent to such modifications.
PulseAlign is not responsible for any incorrect or inaccurate content posted on the Site or Service. The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. PulseAlign assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. PulseAlign is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service.
PulseAlign does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is provided “as-is” and PulseAlign disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. PulseAlign cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will PulseAlign or any of PulseAlign’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Service, even if PulseAlign has been advised of the possibility of such damages.
PulseAlign DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PulseAlign WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
We do our best to keep PulseAlign safe, but we cannot guarantee absolute security. We need your help to do that, which includes the following:
PulseAlign users (your customers) provide their real names and information to book appointments with you, and we need your help to keep this data safe and protect our customers’ privacy. Here are some commitments you make to us relating to registering and maintaining the security of your account and your customers’:
We respect the rights of others and ask you to do the same.
If your account is cancelled:
We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
You are solely responsible for all customer service policies and issues relating to your services, including pricing, cancellations or no shows by you or a Buyer, returns, refunds and adjustments, rebates and warranty, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any PulseAlign Account. Payment, card processing, debiting or crediting are the responsibility of the payment gateway, as per their terms of services and you must agree to those terms and services to use PulseAlign. Issues relating to the SMS service are the responsibility of the SMS service provider.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact PulseAlign Support with any dispute.
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
If you violate the letter or spirit of this Statement, or otherwise create a potential legal liability for us, we can stop providing you with all or part of PulseAlign.
PulseAlign may suspend the service in cases of occurrence of an event beyond its control, of an act of a third party outside the control of PulseAlign, or a case of force majeure as defined by case law.
You acknowledges that the Service is licensed to you and that PulseAlign retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agrees not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without PulseAlign’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. PulseAlign (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
PulseAlign claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership.
The Terms of Service shall be governed by the laws of Panama and the validity, interpretation and effect shall be governed by the laws of Panama applicable to contracts executed and performed wholly therein. Courts within Panama shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
You agree to indemnify and hold PulseAlign, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of this Terms of Service or your violation of any law or the rights of a third party.