Pulse Terms and Conditions

Last Updated: Jan 17, 2024

Overview

  • Purchase of a Pulse license grants access to all features available today and those released within your license term for a specified number of users.
  • Pulse will receive regular updates to ensure at a minimum that it passes the OWASP scan.
  • Unless negotiated separately, support via email, github and zoom is not contractually guaranteed and is provided on a best effort basis.

Grant of Rights

License Benefits: Subject to Customer’s compliance with the terms and conditions of this Agreement, TimeStored grants to Customers a worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use, as applicable, the Pulse Product(s) during the Subscription Term and in the quantities pre-agreed solely for Customer’s own internal business purposes.

License Restrictions:. Customer must not:
(i) sublicense, resell, transfer, distribute or make available to any third-party the Pulse Product(s);
(ii) modify, copy, or make derivative works of or compilations based upon the Pulse Product(s);
(iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code of the Pulse Product(s);

The Product is provided to Product Holder on a ‘per user’ basis, where Product Holder must assign a Subscription to specific Users.

  • You may install and use any version of the Product covered by the Subscription on any operating system supported by the Product
  • You may not allow the same Subscription to be used concurrently by more than one user per login.
  • You may use an enterprise wide license for any number of users working at the same firm. Users are considered the same firm if they have the same corporate email domain.

Personal Data

We will process your contact and identification details, data about usage of our software and services, and information about your subscription and payments, for the following purposes:

  • To fulfil legal duties stipulated by accounting, taxation, and other laws.
  • To provide you with software, services or information;
  • To protect us from piracy and unlawful use of our software or services;
  • For our internal records and to protect our rights and interests and those of other users;

Ownership

TimeStored owns all right, title and interest (including all related Intellectual Property Rights) in and to the Pulse Product.

You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

Confidentiality

Neither party shall disclose any Confidential Information to any third party, except as otherwise expressly permitted herein.

Payment

Customer will pay all fees, and other charges, as specified on the invoice or order form as agreed beforehand. Customer is responsible for purchasing sufficient licenses to cover all of its usage.

Warranty Limitations

To the maximum extent permitted by applicable law, in no event will timestored parties be liable to you, your affiliates, users, or anyone else for:

  • (a) any loss of use, data, goodwill, or profits, whether or not foreseeable;
  • (b) any loss or damages in connection with termination or suspension of your access to the products in accordance with this agreement; or
  • (c) any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever (even if the relevant timestored party has been advised of the possibility of these damages), including those
    • (x) resulting from loss of use, data, or profits, whether or not they are foreseeable,
    • (y) based on any theory of liability, including breach of contract or warranty, strict liability, negligence, or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the products or support. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The total liability of the timestored parties in any matter arising out of or in relation to this agreement is limited to the greater of

  • (a) ten (10) us dollars or
  • (b) the aggregate amount paid or payable by product holder or user during the three-month period preceding the event, for the products giving rise to the liability.
This limitation will apply even if the timestored parties have been advised of the possibility of liability exceeding such an amount and notwithstanding any failure of the essential purpose of any limited remedy.

YOU MAY HAVE OTHER RIGHTS, WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO NEGATIVELY AFFECT SUCH RIGHTS.

See Also