Last updated: February 2022
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the cloud-based software program provided by the Company to You on any electronic device, accessible from app.pulseremote.com
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “Pulse Remote”, "the Company", "We", "Us" or "Our" in these Terms) refers to Pulse Remote, a private limited liability company (société à responsabilité limitée) with its registered office at 9, rue du Laboratoire, L-1911 Luxembourg and registered with the Luxembourg trade and companies register, section B, under number 252402.
Content refers to content such as text, images, documents, data, material or other information that can be posted, provided, submitted, uploaded, linked to or otherwise made available by You to Pulse Remote and/or the Service, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time of 30 days.
Order Form refers to the document governed by the Terms to be sent by the Company to You for a paid Subscription
Parties refers to collectively/individually You and the Company
SaaS means Software-as-a-Service.
Service(s) refers to the Application or the Website or both.
Start Date refers to the date of activation of the Account as agreed in the Order Form
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these terms and conditions that form the entire agreement between You and the Company regarding the use of the Service.
Website refers to Pulse Remote, accessible from www.pulseremote.com
You (referred to as either “User”, “the Customer” or “You”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Pulse Remote offers a cloud-based software (SaaS) on the Website via the Application. These are the Terms and Conditions governing the use of the Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Legal Notice of the Company. Our Legal Notice describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Legal Notice carefully before using Our Service.
These Terms and Conditions apply to professional customers who are not consumers. For consumer customers, these Terms and Conditions apply subject to the mandatory provisions of the Consumer Code applicable to contracts with consumers.
We grant You a non-exclusive, non-transferrable right to access and use the Beta version for the Customer’s internal evaluation and demonstration purposes and subject to the access and use restrictions set forth in these Terms. The Customer is authorised to use the Beta version only for evaluation and not for any business or productive purpose, unless otherwise authorised by the Company in writing. We do not grant any rights other than those expressly provided in this clause.
The Customer using a Beta version of the Application shall take all necessary measures to protect the intellectual property rights relating to the Application in Beta version and undertakes not to infringe them directly or indirectly. Any reproduction and/or representation of the Application in Beta version is prohibited.
The Customer therefore declares that he accepts these conditions relating to the Beta version of the Application and acknowledges that he has been fully informed of the experimental and non-definitive nature of the Beta version of the Application presented to him and that he will use it under the conditions set out in this contract. The Customer also acknowledges that he/she is aware of the risks involved in using such a Beta version of the Application.
The Client authorised to use the Beta version of the Application undertakes to provide the Company regularly with information relating to any malfunctions that it has identified. The Client also undertakes to inform the Company in writing, preferably by e-mail, of any suggestions, remarks and requests for improvement that it considers desirable in the final version of the Application.
The Client also undertakes not to rent, sell, sub-license, assign or transfer, in any way whatsoever, the Application in Beta version to a third party, including any of its subsidiaries.
The Customer agrees not to use, directly or indirectly, the Beta Application or any information related thereto for comparative or performance testing with any product competing with the Beta Application.
If the Customer is using a Beta version of the Application, the Company makes suchBeta version available to the Customer until the earlier of (i) the end of theBeta testing period as freely determined and communicated by the Company or specified in an Order Form (ii) the Start Date of any paid Subscription of the Application or (iii) written notice of termination from the Company.
Any data Customer enter into theBeta version and any configuration made to the Beta version by or for theCustomer during the term of such Beta testing period will be permanently lost unless the Customer: (a) has purchased a paid Subscription of the Application or (b) exports such data before the end of such testing period.
There is no guarantee that features or functions of the Beta version will be available, or if available will be the same, in the general release version of the Application, and theCustomer should review the features and functions of the Application before making a purchase. The Company will be under no obligation to provide any maintenance or support services with respect to the Beta version. Notwithstanding anything to the contrary, the Company provides the Beta version “as is” and “as available” without any warranties or representations of any kind. We exclude all warranties, both verbal and written, express or implied, in particular all warranties of quality, functionality, suitability for a particular purpose.
The Company shall in no event be liable to the Client using the Beta version of the Application for any damages whatsoever, whether direct or indirect (including but not limited to business interruption, loss of profits, loss of information, files or other losses of a pecuniary nature) arising out of this clause, the use of or inability to use the Beta version of the Application, even if the Company has been advised of the possibility of such damages.
Any action brought against the Client by a third party shall be deemed to be indirect damage and, consequently, shall not give rise to any right to compensation.
The Customer assumes all risk and all costs associated with its use of the Beta version. The Customer’s sole and exclusive remedy in case of dissatisfaction or the Company’s breach of these Terms with respect to such Beta version is termination of the Beta version service.
Finally, the Client using the Beta version of the Application is reminded that participation in this test phase is on a voluntary basis and will not be the subject of any remuneration in any form whatsoever from the Company or its partners.
The Company offers a Free Trial for a limited period of time. You are only entitled to one Free Trial. Upon request the Company can extend the Free Trial. Whether or not the Free Trial is extended is at the discretion of the Company. After theFree Trial has expired, Your Account will be blocked. There will be no automatic conversion into a paid Subscription.
After expiration of the Free Trial, You have the possibility to purchase a paid Subscription for the use of the Application for a fixed number of Users. For the conclusion of a paid Subscription, the sales team of the Company will create a corresponding Order Form, which is to be accepted by You in writing.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Service or some parts of the Service are available only with a paid Subscription with a minimum term of one year.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal by contacting the Company with a notice period of three months prior to the beginning of the next Subscription period. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Notice of cancellation must be given in written form. Your Account will be blocked at the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full Customer name, contact name, address, city, postal code, country, email address, phone number and VAT number (if applicable).
You will be billed in advance on a recurring and annual basis. The billing period begins with the day the Account is activated and ends after the expiry of one year. The annual invoice will be sent to You in electronic form by email. The payment is due two weeks from the invoice date.
The Subscription fees indicated on the Website at the time of the order are valid and are monthly net prices in Euro. These fees do not include any value added tax which have to be added to the net price, if applicable. Any applicable discount will be indicated in the Order Form. The total Subscription fee for the use of the Service depends on the maximum number of Users using the Service by tier of 5 Users minimum.
The Company activates Your access according to the Start Date agreed with the Customer in the Order Form.
If the maximum number of Users agreed in the Order Form increases during the billing period, the Company will additionally invoice the difference between the advance payment already made and the amount based on the changed price up (by tier of 5 Users minimum) to the end of the annual period (daily pro rata billing). If the maximum number of Users agreed in the Order Form decreases during the billing period, the Customer is not entitled to a (pro rata) refund of the advance payment already made.
In case of a payment default of the Customer, provided that no payment was made even after expiration of a set deadline of one calendar week after the due date to the Customer, the Company is entitled to block the Customer’s access to the Service immediately. The Company will inform the Customer of this blocking in advance. In this case the Customer remains obliged to continue paying the agreed Subscription fees plus any default interest due. Any damage to the Customer caused by blocking the Customer’s access to the Service cannot be claimed from the Company.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with a minimum of 30 (thirty) days prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
No compensation or indemnity of any kind will be due to the Customer as a result of these changes.
Paid Subscription fees are non-refundable.
When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in suspension or immediate termination ofYour Account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party, even temporarily, in any form whatsoever and use your Account strictly for professional use. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on Your Account, and must keep Your Account password secure. You may control Your Account and how You interact with Pulse Remote by changing the settings in Your Account settings.
Pulse Remote grants the Customer a non-exclusive, limited, personal, revocable and non-transferable right to use the Service, solely for the Customer’s own internal business purposes, subject to the Terms.
The Customer undertakes to use the Service only in accordance with the Terms and with the Legal Notice, and not to provide it to third parties to use.
All rights not expressly granted to the Customer are reserved by PulseRemote. The Customer may not access the Service if they are a direct competitor of Pulse Remote, except with Pulse Remote's prior written consent.
Pulse Remote, in our sole discretion, reserves the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to the Service. The Service may be integrated with third party applications, websites, and services (“Third-Party Services”) to make available content, products, and/or services to you. These Third-Party Services may have their own terms and conditions of use and privacy policies and your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Pulse Remote does not endorse and is not responsible or liable for the behaviour, features, or content of any Third-Party Services or for any transaction you may enter into with the provider of any such Third-Party Service.
Our Service allows You to submit, provide or post Content. You are responsible for the Content that You provide to the Service, including its legality, reliability, and appropriateness.
By providing Content to the Service, You grant Us the right and license to use, publicly perform, publicly display, reproduce, distribute, suspend, remove and delete such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your Account, whether done so by You or any third person using Your Account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.Examples of such objectionable Content include, but are not limited to, the following:
· Unlawful or promoting unlawful activity.
· Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
· Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
· Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
· Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
· Impersonating any person or entity including the Company and its employees or representatives.
· Violating the privacy of any third person.
· False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionableContent. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content submitted or provided on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service or that an error has crept onto the Service in this respect, You must submit Your notice in writing to the attention of our copyright agent via email at hello@pulseremote.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
All the Content provided by You or other Users remain your exclusive property or the User’s.
Pulse Remote and its potential partners (developers, IT service providers, etc.) are and remain the owner(s) of the property rights relating to the Services, its original content (excluding Content) any document or information available on the Application, made available to the Customer as part of its Free Trial or the Subscription, as well as trademarks, designs, copyrights and image rights, patents, all intellectual property rights, features and functionality.
The Customer is informed that the copyrights and intellectual property rights attached to the computer programs, Application and/or software used to enable the Services, as well as all documentation related to the Application, belong in part to Pulse Remote and in part to its partners, Pulse Remote being responsible to the latter for the respect of their intellectual property rights.
Unless otherwise provided in these Terms, the provision of Services, documents and information cannot be analysed as the transfer to the Customer or Users of any intellectual property right, ownership, licenses or other rights in respect of the Application (its features and functionalities) documents, studies, Services, software, online services or otherwise. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
The Client undertakes not to publish, communicate to third parties or reproduce, in whole or in part, by any means whatsoever in any form whatsoever and on any medium whatsoever, the services, documents and information that it may consult on the Application.
In the event of non-compliance with this condition, the Customer’s Free Trial or Subscription may be suspended or terminated without prior notice, without prejudice to any legal action brought to compensate for the damage suffered by Pulse Remote.
From the date of signature for a Subscription, the Customer authorises Pulse Remote to quote the Customer's name and to use the Customer's logo as a commercial reference in any advertising, commercial and institutional document, without providing any information on the IT Projector the Services provided in accordance with the Parties' obligations.
We are committed to comply with the data protection laws, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or “GDPR”). To know more about the processing of your personal data by Pulse Remote, please read our Legal Notice.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
If You breach any of these Terms and Conditions, we may terminate or suspend Your Account immediately, without prior notice or liability, and retain any fees previously paid by You. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
In these Terms, “Force Majeure” means any cause preventing the Company from performing any or all of the Company’s obligations which arise from or are attributable to acts, events, omissions or accidents beyond the Company’s reasonable control including without limitation strikes, lock-outs or other industrial disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, interruption or failure of utility service, including but not limited to electric power, gas or water or default of suppliers or sub-contractors. The Company will not be in breach of the Terms if it is subject to a Force Majeure event, provided that it uses reasonable endeavours to notify You in writing, as soon as possible and no later than forty-eight (48) hours after becoming aware of the event of Force Majeure, of the nature and extent of the Force Majeure event causing the Company’s failure or delay in performance. If the Force Majeure event prevails for a continuous period of more than 2 months, the Client may terminate these Terms by giving 14 days’ written notice to the Company. On the expiry of this notice period, the Subscription will terminate. Such termination shall be without prejudice to the Company’s rights in respect of any breach of the Terms occurring prior to such termination.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
These Terms and Conditions, Your use of the Services and Application shall be governed by the laws of the Grand Duchy of Luxembourg. Any dispute concerning this Terms is subject to the exclusive jurisdiction of the Luxembourg courts of and in Luxembourg city.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Exceptas provided herein, no failure to exercise or delay in exercising any right or remedy under these Terms shall constitute a waiver thereof and no waiver by any party of any breach or non-fulfilment by any other party of any provision of these Terms shall be deemed to be a waiver of any subsequent or other breach of that or any other provision hereof. No single or partial exercise of any right or remedy under these Terms shall preclude or restrict the further exercise of any such right or remedy. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights and remedies provided by law.
We reserve the right, at Our sole discretion and at any time, to modify or replace these Terms. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Services.
No compensation or indemnity of any kind will be due to the Customer as a result of these changes.
If you have any questions about these Terms and Conditions, you can contact us by email: hello@pulseremote.com
