Terms of Use

TERMS OF USE AND ENGAGEMENT – PULSEEM LTD.

1.     INTRODUCTION

1.1. Pulseem Ltd. ("Pulseem", "We" or "Us") operates internet websites located at Pulseem.co.il and Pulseem.com (the "Site") which provides its users ("You" or "User" or "Customer") information regarding Pulseem products and services and allows You to obtain access to its 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.  During the Term (as defined below) and subject to the full payment of the Fees (as defined in the electronic order), Pulseem will provide the User that will subscribe to its Services by means of an electronic order, with a licensed email marketing system (the "Pulseem System") and the Services, in accordance with the terms of these terms of use and engagement ("Terms").

1.3.  These Terms, together with the Privacy Policy (which is available at https://site.pulseem.co.il/privacy-policy/ – "Privacy Policy") and the Cookie Policy (which is available at https://site.pulseem.co.il/cookie-policy/  constitute the entire agreement between You and Pulseem in relation to Your use of Our Services and the commercial engagement between the parties.

1.4.  If the legal entity you represent or act on behalf of is incorporated in Europe, the following terms are applicable to you: [https://_____________]

1.5.  If you participate in the Pulseem Referral Program, the Pulseem Referral Program Terms and Conditions ("Referral Terms"), which are available at https://site.pulseem.com/pulseem-referral-program-en/ shall also apply to you and shall be considered an integral part of these Terms. By accepting these Terms and participating in the Referral Program, you also agree to be bound by the Referral Terms.

1.6.  Please read these Terms carefully. By accessing or using any part of the Site, You agree with these Terms, the Privacy Policy and the Cookie Policy. If You disagree with these Terms and/or Privacy Policy and/or Cookie Policy and/or any condition hereof, please do not access the Site or use the Services.

1.7.  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 the 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.

1.8.  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.

1.9.  Pulseem reserves the right to change, alter, replace or otherwise modify these Terms (including the Privacy Policy, Cookie Policy and the Referral Terms) at any time. Pulseem shall post a notice with respect to any updates in the Terms. You are advised to review the Terms 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 constitutes acceptance of those changes.

1.10.     The Terms 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.

1.11.     In the Terms, anything that appears in a masculine form shall also mean the feminine form and vice versa.

1.12.     The introduction to the Terms is an integral part of the Terms.

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.

2.2.  You declare that you are an individual either 18 years of age or more, have the capacity to engage with Us in the Terms 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;

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 Pulseem's Privacy Policy, with the Terms 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 from accessing or using the Site or the Platform.

2.5.  Pulseem reserves the right 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 AND COMMERCIAL TERMS

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 pro forma 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.

3.5.  You shall pay Pulseem any payment due promptly. In the event of a delay exceeding ten (10) days in payment, You shall be obligated to pay, upon receipt of a written demand from Pulseem, the outstanding amount, together with interest for late payment at a rate of 1.5% per month, calculated on a monthly basis, from the original due date until the full and final payment of all amounts owed by You to Pulseem.

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, 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.     MESSAGES AND CONTENT

5.1.  You acknowledges that the Pulseem System is solely a distribution system for electronic mail and SMS messages sent by You (or your customers as resellers of the Pulseem System) directly to their customers and/or other recipients (the "Messages" and the "Recipients", respectively). Pulseem is not responsible for, and/or controls and/or participates in any way in the content of the Messages and/or the timing of the distribution of the Messages and/or the identity and selection of the Recipients to whom the Messages will be sent, and that will be Your sole responsibility. Pulseem does not determine the purposes of processing the information in Your database (as these terms are defined in the Privacy Protection Law, 5741-1981 (the "Privacy Law")), for which all responsibility, including registration obligations if applicable, rests solely with You.

5.2.  You represent and undertake that it shall not use the Services, including the Pulseem System, in an unlawful manner or with the intention of violating any law or in any manner prohibited by these Terms. You shall act in accordance with the provisions of all applicable laws, including the Privacy Law and the Communications Law (Telecommunications and Broadcasting), 5742-1982 (the "Communications Law"), including regulations enacted under them. You further declare that You have obtained all necessary approvals and/or consents required for sending the Messages to the Recipients, including the prior consent from each Recipient as required for receiving advertising material (as required under Section 30A of the Communications Law), and You shall maintain documentation of such consent from each Recipient for the entire duration of receiving Services from Pulseem. You will also provide Pulseem with such documentation for any Recipient upon request. Additionally, You undertake that in using the Pulseem System, they will not use content that infringes upon the intellectual property rights of any third party, including copyrights and trademarks, and/or any harmful content of any kind.

5.3.  You further undertake that for the purpose of sending Messages (SMS or MMS) using the Pulseem System, it shall only use one of the following methods: (a) sending a message where the sender's number (CLI) is a virtual number or appears in English letters; (b) sending a message where the sender's number (CLI) is Your number, only if a reliable identification and association of the number has been performed for You by the You and at Your own expense, in accordance with the rules of the Ministry of Communications. You declare that it is aware that Pulseem relies on this representation and warranty, which is a condition for the validity of these Terms, and that Pulseem would not have agreed to these Terms without it.

5.4.  You undertake to ensure that it will not, under any circumstances, send Unsolicited Traffic or knowingly transfer Messages that are classified as Spam under these Terms or any applicable law to the Pulseem System. You shall perform all such actions that prevent Unsolicited Traffic from reaching the Pulseem System.

For the Purpose of these Terms, "Unsolicited Traffic" shall mean any message which: (a) is considered as Spam under these Terms or any applicable law; and/or (b) contains content which is defamatory, threatening, abusive, obscene, pornographic or otherwise or which otherwise is of criminal or unethical nature according to the applicable law; and/or (c) contains content which violates any intellectual property of any third party.

"Spam" means unsolicited message which (i) is sent to Recipient without his prior due consent; and/or (ii) is sent to Recipient encouraging such Recipient to call or send a message at a premium rate or to a premium rate number; and/or (iii) results in a situation whereby Recipient is charged for the receipt of a message by the mobile operator and such Recipient has not requested such message; and/or (iv) does not contain truthful information about the name of the original sender; and/or (v) results in a situation whereby Recipient is unable to terminate receipt of such message; and/or (vi) is unlawful or fraudulent or considered as spam according to applicable law(s), rules or regulations, including the legislation of Recipient to whom the corresponding message is designated.

If any provision in this section is violated, Pulseem shall be entitled to immediately suspend and/or temporarily stop providing the Services or terminate the engagement under these Terms, at its sole discretion, without prejudice to any damages that Pulseem may be entitled to claim and any penalties shall be applicable to Pulseem in this case.

5.5.  You shall ensure that a Recipient has the option to unsubscribe to receive such Messages and if the Recipient withdraws their consent to receive Messages and/or expresses refusal to receive such Messages, You will update the Recipient's list in the Pulseem System to remove the Recipient's details and cease sending Messages to them through the Pulseem System.

6.     INTELLECTUAL PROPERTY

6.1.  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.

6.2.  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.

6.3.  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.

6.4.  The User represents that it is aware that all intellectual property rights in the Pulseem System, including in any part thereof, as well as copyrights, trademarks, patents, logos, methods, and trade secrets, are the exclusive property of Pulseem. The User’s access to the Pulseem System and use of the Services does not constitute the granting of a license or right to the User and/or anyone on their behalf with respect to the Pulseem System and/or Pulseem's copyrights, and the User is not permitted to use them in any manner except as explicitly stated in these Terms.

7.     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.

8.     TERM AND TERMINATION

8.1.  The Services shall be provided commencing from the date of execution of an order by the User and shall continue until the termination of the engagement under these Terms by either party in accordance with the provisions hereunder (the "Term"). Each party may terminate the engagement and discontinue the Services by providing thirty (30) days' prior written notice to the other party. Without prejudice to the above, it is clarified that if the User asks to retain a subscription-based service, the subscription period (as well as the Term) shall not be less than three (3) months.

8.2.  The User may terminate the engagement with Pulseem 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.

8.3.  Pulseem may suspend the User's access to all or any part of the Site or the Platform and/or terminate the Terms 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, 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.

8.4.  It is clarified that Pulseem shall be entitled to terminate the engagement with the User immediately upon the occurrence of one or more of the following events: (a) the User materially breached these Terms, subject to providing a five (5) days' notice from receipt of written notification from Pulseem to remedy the breach (if it is remediable); (b) the expiration of the User’s required approvals and permits required for the performance of its obligations under these Terms; (c) a petition has been filed with the court to declare the User bankrupt and/or a decision has been made to appoint a receiver for a significant portion of its assets; (d) the User asserts to any third party any claims that contradict the provisions of sections ‎5-‎6above.

8.5.  The provisions of these Terms that are intended by their nature to survive the termination or cancellation of the Terms, 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.

9.     CONFIDENTIALITY

Pulseem and the User represent that they are aware that each of them (each a "Disclosing Party") has provided and/or will provide to the other party (each a "Receiving Party") information in connection with the provision of Services and/or use of the Pulseem System, including but not limited to the Message content, Recipient lists, the Pulseem System, etc., which is deemed confidential, highly valuable, and constitutes a trade secret of the Disclosing Party. Pulseem and the User agree to maintain the confidentiality of such information, not to disclose it to others, and not to use it for any purpose other than required to fulfill their obligations as detailed above, during the Term and thereafter, except in cases of suspected illegal acts by the User through the Pulseem System, in which case Pulseem shall not be bound by any confidentiality obligations toward the User.

10. DISCLAIMER

10.1.     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". PULSEEM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. USER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, PULSEEM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, RELIABILITY, TIMELINESS, OR SECURITY OF THE PULSEEM SYSTEM OR THE ACCESSIBLE MOBILE OPERATORS OR OPERATORS OR THE SERVICES AND DOES NOT REPRESENT OR WARRANT THAT PULSEEM SYSTEM OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS), THAT THE MESSAGES WILL BE KEPT CONFIDENTIAL OR THAT ALL OR ANY CONTENT WILL BE DELIVERED OR RECEIVED AFTER LEAVING THE PULSEEM SYSTEM.

10.2.     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.

10.3.     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.

10.4.     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 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.

10.5.     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.

11. LIMITATION OF LIABILITY

11.1.     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, THE PULSEEM SYSTEM, THE SERVICES, OR ANY PART OR PARTS THEREOF, INCLUDING ANY TEMPORARY OR PERMANENT INTERRUPTION OR CESSATION OF ACCESS TO THE SERVICES OR ANY CONTENT WITHIN THE PULSEEM SYSTEM;(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, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING LOSS OF INCOME OR PREVENTION OF PROFIT, REGARDLESS OF THE CAUSE; (D) ANY ERRORS OR OMISSIONS IN THE SITE OR THE SERVICES' TECHNICAL OPERATION, INCLUDING FAILURE TO SEND MESSAGES DUE TO EVENTS RELATED TO THE RECIPIENT, INTERNET MAIL SERVERS, MOBILE SERVICE PROVIDERS, OR ANY OTHER REASON, 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 EQUIPMENT, ELECTRONIC DEVICES, 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. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY THE USER AND PULSEEM AT THE TIME THE USER AGREE TO THE TERMS, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

11.2.     PULSEEM SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.

11.3.     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, OR FROM ANY MOBILE TELECOMMUNICATIONS SYSTEMS OR NETWORKS WHICH PULSEEM DOES NOT OPERATE. PULSEEM IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF OTHER PROVIDERS OF TELECOMMUNICATION SERVICES OR FOR FAULTS IN OR FAILURES OF THEIR APPARATUS OR NETWORK, AND IN GENERAL FOR ANY OTHER TECHNICAL REASON ATTRIBUTABLE TO A MOBILE OPERATOR'S NETWORK OR TELECOMMUNICATION SERVICE PROVIDER. IT SHOULD BE CLARIFIED THAT THE USER SHALL BE CHARGED FOR MESSAGES SENT BY PULSEEM THAT DID NOT REACH THEIR RECIPIENTS DUE TO A FAULT ORIGINATING WITH THE MOBILE OPERATOR. ANY SUCH USE SHALL BE MADE ON YOUR SOLE RESPONSIBILITY AND SHALL BE SUBJECT TO THE TERMS OF USE OF SUCH THIRD-PARTY PROVIDERS.

11.4.     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.

11.5.     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.

12. INDEMNIFICATION

12.1.     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.

12.2.     Pulseem has no control over the information which passes using the Services, including content of Messages, and Pulseem does not examine the use of such information or the nature or the source of the information. User shall be solely liable for the content of the information and any other material transmitted by User or anyone else using the Services including but not limited to Recipients. Pulseem excludes all liability of any kind in connection with the transmission or reception of such content. The User shall be solely responsible for any loss, damage, expense, defect, or injury caused to Pulseem and/or the User and/or the Recipients and/or any third party and/or the property of any of the foregoing (including intellectual property), arising from or as a result of any act or omission caused in connection with the sending of Messages to the Recipients and/or the mailing activity and/or the use of the Pulseem System by the User as specified in these Terms, including for any violation of the provisions of the Privacy Law and/or the Communications Law and/or any other relevant laws and regulations and/or the regulations stipulated thereunder, and/or with regard to the content of the Messages, including any infringement of third-party intellectual property rights and/or the reliability, accuracy, or quality of the Messages. The User’s obligation, as described above, shall remain in effect regardless of whether the loss, damage, defect, or injury was caused by accident, directly or indirectly, or whether it was a necessary or foreseeable consequence of the act. The User shall indemnify and hold Pulseem harmless for any such damage, loss, or expense immediately upon receiving the first written demand from Pulseem, during the Term and thereafter, in connection with claims and/or demands submitted during the Term and thereafter in connection with the provision of the Services.

12.3.     The User undertakes to indemnify Pulseem for any payment and/or penalty that Pulseem may be required to make and/or bear and/or be obligated to pay as a result of sending Messages to Recipients, including but not limited to violations of the Privacy Law and/or the Communications Law and/or violations of any other applicable laws and regulations and/or any criminal or other liability that may be incurred by Pulseem under any law and/or agreement and/or court judgment and/or otherwise, and which results from the sending of Messages to Recipients, in addition to any legal expenses and attorney's fees.

12.4.     The User shall assume the defense in case of any claim or lawsuit filed against Pulseem by any of the Recipients, in connection with any cause arising during the Term and/or the sending of the Messages, and to indemnify and hold Pulseem harmless for any damage, loss, or expense, including any legal costs that may be imposed on Pulseem as a result of any damage, immediately upon receipt of the first written demand from Pulseem, both during the Term and in connection with claims that may be filed after the Term, for causes arising during the Term and/or from the provision of the Services.

13. REFERRAL PROGRAM

13.1.     Pulseem offers a Referral Program that allows Users to refer potential customers to Pulseem and earn Referral Fees for successful Sales.

13.2.     Participation in the Referral Program is subject to the Referral Terms available at [INSERT LINK TO REFERRAL TERMS].[please add the actual URL link instead]

13.3.     By participating in the Referral Program, you acknowledge and agree that you have read, understood, and agree to be bound by both these Terms and the Referral Terms.

13.4.     In case of any conflict between these Terms and the Referral Terms, with respect to the Referral Program, the Referral Terms shall prevail.

14. 14. APPLICABLE LAW AND JURISDICTION

14.1.     The Terms 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.

14.2.     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 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.

14.3.     Should one or more provisions of the Terms 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, which will remain in full force and effect.

15. NOTICES

Any notices to be given hereunder shall be served on a party by prepaid registered letter, facsimile or email to its address given herein or such other address as may from time to time be notified for this purpose. Any notice given by letter shall be deemed to have been served four days after the time at which it was posted and any notice given by facsimile or email shall be deemed to have been served 24 hours after it is dispatched subject to a valid confirmation receipt.

16. 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 August 2025.