1.1. Pulseem Ltd. ("Pulseem", or "We" or "Us") operates an internet website located at Pulseem.co.il and Pulseem.com (the “Site”) which allows for its users ("You" or "User") to obtain access to 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").
2.3. You undertake to refrain from taking the following actions in relation to the Site:
2.3.1. Accessing or using the Site or the Services in an illegal manner or with the intention to violate
2.3.2.Making any alteration, modification or changes to the Site;
2.3.3.Interfering with the Site or Services design, source code or any element of the Site 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;
2.3.6.Attempting to gain unauthorized access to any portion or feature of the Site,
or any other systems or networks connected to the Site or to any Pulseem's server,
or to any of the Services offered on or through the Site, 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;
2.3.8. Probing, scanning or testing the vulnerability of the Site or any network connected to the Site,
nor breach the security or authentication measures on the Site or any network connected to the Site;
2.3.9.Using the Site 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 shaming them
based on their race, ethnicity, national origin, religious affiliation, sexual orientation,
sex, gender, or gender identity, or serious disabilities or diseases;
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).
2.5. 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 without notice or liability.
3.1. The Services provided through the Site includes the option to purchase the Services 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 to your registered email address or the email address you provided us while placing the Order an invoice which will be the verification your Order had 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.
- USER'S ACCOUNT
4.2. The use of these parts of the Site and the Account shall be available and permitted solely to use by the User’s 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 the details
of his Account including his Login, and the User will remain responsible
for all use of his Account and all activity steams 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.
- INTELLECTUAL PROPERTY
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.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, , AND SERVICES ACCESSED THROUGH OR VIA THE SITE OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILE PULSEEM USES REASONABLE PROTECTION TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE 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 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.
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.
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.
- LIMITAION OF IABILITY
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
PULSEEM SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.
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.
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.
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) shall be in compliance with all applicable laws, regulations and guidelines.
- APPLICABLE LAW AND JURISDICTION
- Contact Us
If you have any questions about these Terms, please contact us at: