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Terms of Use
1. INTRODUCTION
1.1. Pulseem Ltd. (“Pulseem”, or “We” or “Us”) operates an internet website located at Pulseem.co.il and Pulseem.com (the “Site”) which provides its users (“You” or “User”) information regarding Pulseem products and services and allows You to obtain access to its clients platform (the “Platform”). You can use the Platform to receive certain different marketing tools, including electronic mailing, SMS messages and web push system, and other various tools, with the aim of allowing the Users to communicate with their end users and audiences (the “Services”).
1.2. These terms of use (“Terms of Use”), together with the Privacy Policy (which is available at https://site.pulseem.co.il/privacy-policy/ – “Privacy Policy”) constitute the entire agreement between You and Pulseem in relation to Your use of Our Services.
1.3. Please read these Terms of Use carefully. By accessing or using any part of the Site, You agree with the Terms of Use and Privacy Policy. If You disagree with these Terms of Use and/or Privacy Policy and/or any condition hereof, please do not access the Site or use the Services.
1.4. By accepting the Terms, you also accept the privacy practices of the Privacy Policy. This means you grant us your consent to: (i) transmit your data to the service providers indicated in this Privacy Policy; (ii) store your customer data for the purposes and durations explained; and (iii) use your Site usage data to create a personalized user experience.
1.5. Please be aware that you are free to withdraw your consent at any time with future effect. For further information, please refer to the Privacy Policy.
1.6. Pulseem reserves the right to change, alter, replace or otherwise modify these Terms of Use (including the Privacy Policy) at any time. Pulseem shall post a notice with respect to any updates in the Terms of Use. You are advised to review the Terms of Use regularly for any changes. Your continuance of use of the Site and/or the use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
1.7. The Terms of Use apply to the access and use of the Site and the use of the Services contained therein via any computer, cell phone or any other communication device.
1.8. In the Terms of Use, anything that appears in a masculine form shall also mean the feminine form and vice versa.
1.9. The introduction to the Terms of Use is an integral part of the Terms of Use.
2. TERMS OF USE
2.1. You are entitled to access the site and to use the Services subject to the provisions of the Terms of Use.
2.2. You declare that you are an individual either 13 years of age or more, have the capacity to engage with Us in the Terms of Use and takes full responsibility for the use of the Site and the use of the Services.
2.3. You undertake to refrain from taking the following actions in relation to the Site and the Platform:
2.3.1. Accessing or using the Site, the Platform, or the Services in an illegal manner or with the intention to violate any applicable law or in any manner prohibited by the Terms of Use;
2.3.2. Making any alteration, modification or changes to the Site and/or the Platform;
2.3.3. Interfering with the Site, the Platform or Services design, source code or any element of the Site, the Platform or the Services;
2.3.4. Inappropriately using the intellectual property rights of any third party;
2.3.5. Removing or obscuring any proprietary notices on the Site and/or the Platform;
2.3.6. Attempting to gain unauthorized access to any portion or feature of the Site, the Platform or any other systems or networks connected to the Site, the Platform or to any Pulseem’ server, or to any of the Services offered on or through the Site or the Platform, by hacking, password “mining” or any other illegitimate means;
2.3.7. Using any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy reverse engineer, disassemble, monitor, decompile or otherwise attempt to discover any portion of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or the Platform;
2.3.8. Probing, scanning or testing the vulnerability of the Site, the Platform or any network connected to the Site or the Platform, nor breach the security or authentication measures on the Site or any network connected to the Site or the Platform;
2.3.9. Using the Site or the Platform to distribute, copy, reproduce, transmit, publicly display, publish, edit, or create derivative works from any content that contains pornographic material, violent expressions, defamation, slander, and hate speech, bullying, and harassment, including content that directly attacks people or shames them based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, or gender identity, or serious disabilities or diseases;
2.3.10. Using the Site or the Platform in a manner which is not in accordance with Pulse’s Privacy Policy, with the Terms of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in the user’s country, state, city, region, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data from the country in which You reside and privacy laws and regulations).
2.4. Pulseem reserves the right to prevent a user who has violated any provision of the Terms of Use from accessing or using the Site or the Platform.
2.5. Pulseem reserves the rights to change, suspend or discontinue the Site at any time, including the availability of any feature, database, or content. Pulseem may also impose limits on certain features and services or restrict the user’s access to parts or all of the Site or the Platform without notice or liability.
3. PURCHASES
3.1. The Services provided through the Site include the option to purchase the Services and obtain access to the Platform, which will be granted by placing an order with respect to such Services (“Order”). The Order can be placed only after you will be identified as a user of the Site, by using your account in the Site (that you used to register to the Site in the forms described below).
3.2. All Services and/or pricing and/or any Content regarding the Services offered in the Site are subject to changes, at the sole discretion of Pulseem. All Orders shall be subject to confirmation of the final order price.
3.3. After placing the Order, You will receive an invoice to your registered email address or the email address you provided us while placing the Order, which will be the verification that your Order has been approved. Note that this e-mail shall not constitute acceptance of your Order.
3.4. Pulseem reserves the right to accept or decline or cancel an Order at any time after an order has been made by you for any reason.
4. USER’S ACCOUNT
4.1. Access to certain parts of the Site and the use of Services, including the Platform, may be possible only to a User who registered to the Platform and select a password (the “Login”). The User’s account shall be activated after the User had provided Pulseem with accurate, complete, and updated registration information which is necessary in order to use these parts of the Site (the “Account”). Failure to do so shall constitute as a breach of the Terms of Use, which may result, inter alia, in immediate termination of the Account. Pulseem reserves the right to refuse registration of a User or cancel an Account in its discretion. The User shall be responsible for maintaining the confidentiality of its password and other Account information.
4.2. The use of these parts of the Site and the Account shall be available and permitted solely for use by the User, and he shall not be allowed to assign his Login to third parties.
4.3. It is hereby clarified that despite that Pulseem is taking measures to secure the Login, it cannot completely guarantee an unauthorized penetration into the Account and the User will not hold Pulseem liable for any claim of direct or indirect damages incurred as a result of unauthorized penetration to the Account.
4.4. Without derogating from any of the terms and conditions herein, the User undertakes to act in accordance with the following terms in relation to the Account and the Login:
4.4.1. The User is solely responsible for maintaining the confidentiality and security of the details of his Account, including his Login, and the User will remain responsible for all use of his Account and all activity stemming from his Account, whether or not such activity was authorized by him;
4.4.2. The User shall notify Pulseem immediately of any suspicion that his
Account has been accessed by unauthorized third parties or if his Login is lost or stolen. In such cases Pulseem shall change the Login details at the earliest possible opportunity;
4.4.3. The User has examined, before using the Platform, and ensured that the Site
and Services is suitable for his needs, and he waives any claim with respect to the Site
or the Services not being fit for his needs;
4.4.4. The User is solely responsible to verify before using the
Site the condition of his internet connection – Pulseem shall not bear any responsibility
for damage that may be caused due to User’s internet connection problems;
4.4.5. The User shall be responsible for obtaining and maintaining any equipment
or ancillary services needed to connect to, access the Platform, including, without limitation, modems, hardware, software, and long distance or local telephone service. The User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site.
4.5. Pulseem will not be liable for any losses or damage arising from unauthorized use of your
Account or password, and you agree to indemnify and hold Pulseem harmless for any improper or illegal use of your Account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail that your Account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your Account. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
5. INTELLECTUAL PROPERTY
5.1. The User hereby acknowledges and agrees that all intellectual property rights, including without limitation copyrights, patents, logos, trademarks, and trade secrets, made available by Pulseem through the Site are owned by Pulseem or its affiliates. The User’s possession, access, and use of the Site or the purchase of any Product does not transfer to the User or any third party any rights, title, or interest in or to such intellectual property rights. Pulseem and its affiliates and suppliers reserve all rights not granted explicitly in the Terms of Use.
5.2. The User represents and warrants that: (i) with respect to all information it provides to Pulseem and/or it transmits or uploads to the Site (such as, personal information of Mobile Subscribers including names, phone numbers, email addresses) the User has the full right and authority to make such provision and to allow Pulseem to be exposed to such information to provide the Site (ii) none of the content transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Site will infringe or otherwise conflict with the rights of any third party.
5.3. In case that the User chooses to opt out from the Site, to terminate his Account or in case the Account is terminated in accordance with Pulseem decision, Pulseem may, but is not obligated to, maintain the User’s information for a period of 6 (six) months following the termination. After the said 6 (six) months period Pulseem shall delete this information. If the User wishes to delete his information sooner, he must contact Pulseem and ask for such deletion.
6. PRIVACY
Pulseem current privacy policy is available at https://site.pulseem.co.il/privacy-policy/, which is incorporated by this reference. Pulseem strongly recommends that you review the Privacy Policy closely.
7. DISCLAIMER
7.1. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, THE PLATFORM, AND SERVICES ACCESSED THROUGH OR VIA THE SITE OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
7.2. WHILE PULSEEM USES REASONABLE PROTECTION TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, THE PLATFORM OR THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO PULSEEM’S ATTENTION, PULSEEM MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESSED OR IMPLIED) REGARDING THE SERVICES, THE SITE, THE PLATFORM OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. PULSEEM DOES NOT WARRANT THAT THE USER USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY PART OR PARTS THEREOF, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.3. PULSEEM AND ITS SUBSIDIARIES OR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE USER HEREBY WAIVES SUCH CLAIM OR WARRANTY.
7.4. PULSEEM USES REASONABLE MEASURES IN ORDER TO PREVENT FROM ANY CONTENT THAT CONTAINS PORNOGRAPHIC MATERIAL, VIOLENT EXPRESSIONS, SLANDER AND HATE SPEECH, BULLYING AND HARASSMENT INCLUDING CONTENT THAT DIRECTLY ATTACKS PEOPLE OR SHAMING THEM BASED ON THEIR RACE, ETHNICITY, NATIONAL ORIGIN, RELIGIOUS AFFILIATION, SEXUAL ORIENTATION, SEX, GENDER, OR GENDER IDENTITY, OR SERIOUS DISABILITIES OR DISEASES, TO BE PUBLISHED ON THE SITE. THE USER AGREES NOT TO DISTRIBUTE COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLISH, EDIT OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT. NOTWITHSTANDING, PULSEEM SHALL NOT BE LIABLE TO ANY DAMAGES CAUSED BY CONTENT PUBLISHED BY THE USER OR ANY OTHER USERS AND THE USER HEREBY WAIVES ANY CLAIM AND/OR DEMAND AGAINST PULSEEM WITH RESPECT TO SUCH CLAIMS.
7.5. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THE TERMS OF USE.
8. LIMITATION OF LIABILITY
8.1. PULSEEM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND ITS RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM: (A)THE USER INABILITY TO ACCESS OR USE THE SITE OR ANY PART OR PARTS THEREOF;(B) ANY CHANGES THAT PULSEEM MAY MAKE TO THE SITE OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SITE OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES; (C) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (D) ANY ERRORS OR OMISSIONS IN THE SITE TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN THE SITE; (E) THE USER FAILURE TO KEEP HIS ACCOUNT DETAILS AND HIS LOGIN SUITABLY CONFIDENTIAL; (F) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR (G) ANY LOSS OF PROFITS OR ANY LOSS THE USER SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF PULSEEM BREACHING THE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY THE USER AND PULSEEM AT THE TIME THE USER AGREE TO THE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.
8.2. PULSEEM SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.
8.3. WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, IT IS CLARIFIED THAT PULSEEM SHALL HAVE NO LIABILITY FOR ANY LOSS OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGE CAUSED TO YOU AND/OR TO THE RECIPIENTS OF CONTENT PROVIDED BY YOU THROUGH THE SITE AND/OR THE PLATFORM ARISING FROM YOUR USE OF ANY THIRD-PARTY PROVIDER’S SYSTEMS, INCLUDING ANY THIRD PARTY PLUG-IN OR ADD-ON AND ITS INSTALLATION AT YOUR SYSTEMS AND/OR AN ADD-ON OF PULSEEM THAT WILL BE INSTALLED IN THIRD PARTY SYSTEMS. ANY SUCH USE SHALL BE MADE ON YOUR SOLE RESPONSIBILITY AND SHALL BE SUBJECT TO THE TERMS OF USE OF SUCH THIRD-PARTY PROVIDERS.
8.4. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USER USE OF THE SITE MUST BE NOTIFIED TO PULSEEM AS SOON AS POSSIBLE.
8.5. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER. IN SUCH CASES, THE USER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE USER AND PULSEEM AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN THE USER AND PULSEEM, AND THAT PULSEEM’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Indemnification
You agree to indemnify, defend, and hold harmless Pulseem and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site (including, without limitation, provision of Services in connection with the Site, including the Platform) shall be in compliance with all applicable laws, regulations and guidelines.
10. TERMINATION
10.1. The User may terminate the Terms of Use or the Account by sending notice in writing to Pulseem for the termination of his Account. Pulseem shall send the User a confirmation of the termination of the Account and shall remove all of the User’s Personal Information from his Account, unless stated otherwise.
10.2. Pulseem may suspend the User’s access to all or any part of the Site or the Platform and/or terminate the Terms of Use at any time with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, the User’s access to the Site or the Platform may be suspended or terminated if (i) the User is in breach of any of the material provision of the Terms of Use, including without limitation, the provisions of the following sections: the User’s use of the Site or the Platform, compliance of the User with the relevant provisions of the Privacy Policy, indemnification an limitation of liability; (ii) Pulseem elects at its discretion to cease providing access to the Site or the Platform in the jurisdiction where the User reside or from where attempts to access the Site or the Platform, or (iii) in other reasonable circumstances as determined by Pulseem at its discretion.
10.3. The provisions of the Terms of Use that are intended by their nature to survive the termination or cancellation of the Terms of Use, including, without limitation, the provisions of the following sections: the User’s use of the Site or the Platform, compliance of the User with the relevant provisions of the Privacy Policy, indemnification, limitation of liability, Assignment to Third Parties, and Applicable Law and Jurisdiction, respectively.
11. APPLICABLE LAW AND JURISDICTION
11.1. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Israel without regard to its choice of law rules, and any dispute or claim with respect thereto shall be submitted to the competent court in Tel Aviv, Israel, which shall have sole and exclusive jurisdiction in such matter.
11.2. The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Pulseem seeks equitable relief of any kind. The User acknowledge that, in the event of a breach of the Terms of Use by Pulseem or any third party, the damage or harm, if any, caused to the User, will not entitle the User to seek injunctive or other equitable relief against Pulseem, and the User’s only remedy shall be for monetary damages, subject to the limitations of liability set forth in the Terms of Use.
11.3. Should one or more provisions of the Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
12. Contact Us
If you have any questions about these Terms, please contact us at: support@Pulseem.com
Effective date:
These terms were last updated in November 2024.
