General Terms and Conditions of Sale
The information, contents, documents, services and products provided by Pulse Solution S.A on this website or through third party application stores are subject to the following General Terms and Conditions of Sale and Use. By connecting to this site you accept the General Terms and Conditions as stated herein. Pulse Solution S.A reserves the right to change these General Terms and Conditions at any time and without notice.
Article 1: introduction
The General Terms and Conditions of Sale described below (hereinafter the "General Terms and Conditions") govern the contractual agreement between any user of the site www.pulse-solution.com
(hereinafter a “Customer”, "user" or "You") and Pulse Solution S.A Service and Software applications. Pulse Solution S.A is a Swiss Limited Incorporation with a share capital of 100’000 CHF (Swiss Francs) whose registered office is located at 2, Rue Argand, CP 1237 1211 Geneva 1, Switzerland and which is registered at Geneva Trade Register under the Federal Number CHE-114.311.346. Pulse Solution S.A is an established provider of Software-as-a-Service (SaaS) Customer Experience Management (CEM), and Enterprise Feedback Management (EFM) platforms for hotels, restaurants, leisure industry, retails business and business-to-business. The list and the description of the service and software application proposed by Pulse Solution S.A can be consulted on the Website and third party App stores (e.g. the Google Play™ store).
Only these General Terms and Conditions of Sale are applicable and they replace any other terms and conditions unless prior, express, written exemption has been granted. Pulse Solution S.A reserves the right to amend the provisions of these General Terms and Conditions. Therefore user of the website www.pulse-solution.com
(hereinafter the “Website”) are advised to read the General Terms and Conditions before each visit. Such amendments are binding as from the time they are placed online, and cannot be applied to contracts concluded previously.
All orders made from the Website are governed by the General Terms and Conditions applicable on the date of the order. By accessing or using the service and placing an order through the Pulse Solution S.A website, you agree that you are at least 18 years old; that you are an authorized representative of a business entity or a similar organization with the authority to bin such entity and any of its users.
We consider that when you validate your order you have read and accept without reservation our General Terms and Conditions of Sale. If you register for a free trial of our service and software product, this agreement will also govern that free trial.
The Pulse Solution S.A software application “INSTANT Insight” is available as free downloadable version on third party App stores (e.g. the Google Play™ store) and allows you to acquire direct customer feedback via our On-Site survey system. The Pulse Solution S.A service designates the plan subscribed to access the online portal with its analytical reports and data collected via the software application “INSTANT Insight”. By downloading and/or using Pulse Solution S.A services and software application and/or accessing the Website, you agree to be bound by the General Terms and Conditions.
Article 2: order
Orders are processed exclusively over the internet, on the www.pulse-solution.com
Website. To use the Pulse Solution S.A service and activate the software application, the customer must first register on the www.pulse-solution.com
Website to create a “customer account”. The software application sold by Pulse Solution S.A on its Website is available only by download on third party App Stores (e.g. the Google Play™ store).
The customer selects a paid version of the service on the Website and a run-time. Pulse-Solution S.A offers both monthly and annual billing. After the version of the software and the run-time has been selected a new window opens, in which appear the various payment options. The billing depends of which run-time was selected and will be renewed automatically at the end of each month or at the end of each year to the payment method you provided, until cancelled.
Please note that Pulse Solution S.A does not provide refunds for its service and software application.
You are able to upgrade, downgrade or cancel your account at any time from your setting page. The downgrade or the cancellation of your plan will take effect at the end of your current billing cycle period (monthly or annual). You must cancel your subscription before its renewal in order to avoid billing of the next subscription fee’s period. For the downgrade, the data will be transferred to your new selected plan but you may not be entitled anymore to various survey features or option in accordance with our plan models. The upgrade will take effect immediately. You may get a prorated credit depending on the number of the number of days left till the end of the current cycle. We will apply a pro-rated fee (if any) to your upgraded account and charge your credit card for the difference. You can upgrade from a monthly plan to an annual plan. You cannot downgrade back from an annual plan to the monthly plan level.
Your billing cycle is considered the day you purchase or upgrade your account - to the same day next month. If you upgrade for example on November 23rd, on the monthly subscription, then your billing would be the 23rd of each subsequent month.
Article 3: price
Prices listed on the Website are valid at the time an order is placed. We may change or modify prices prospectively in our discretion and these changes may be effective only at the end of the automatic current billing cycle of your subscription. If you are a current paying customer of the RestService, Pulse Solution S.A will inform you with reasonable prior written notice of any changes occurring in prices. If you do not agree to the change, you may cancel your subscription via your customer account setting on the Pulse Solution S.A website.
Article 4: payment
We accept online payment via Visa, Master Card, and other credit or debit cards. Payment is made via a secure server of our partner Stripe, in complete security and confidentiality. More information on the security policy of Stripe and PCI compliance can be found here https://stripe.com/help/security
. By using our services and software application, you agree to provide Stripe a valid credit card (Visa, Master Card, and other credit or debit cards accepted by us) and also agree to Stripe’s Terms of Service located here https://stripe.com/ch/terms
Article 5: service activation
The time required for payment approval varies, depending on the payment method employed. Pulse Solution S.A may under no circumstances be held responsible for the time required for payment approval. The account and the service will be activated immediately after your card is charged.
When a software application and service of Pulse Solution S.A is ordered, you may gain access and use the software application “INSTANT Insight” (downloadable on the third party App stores (e.g. the Google Play™ store)) and the service you have purchased via the website by logging in to the Pulse Solution S.A Service with your customer username and password. You will receive automatically by e-mail the credentials needed to connect the software application from your tablet device. The access and use of the service will be available during the Subscription Term Period purchased. The service and software application access is provided on a continual basis, except during periods of maintenance and repair, and during server upgrades and exceptional interruptions.
Any free trial or other promotions that give access to the Pulse Solution S.A service and software application must be used within the specified amount of time allocated. At the end of the free trial, the use of the Pulse Solution S.A service and software application will be terminated unless you subscribe to a paid version.
Tablet devices must be purchased separately and are not included in any Subscription plan. Based tablet apps require an active internet connection, and may incur data charges with Your wireless carrier, including roaming charges where applicable. To use and enjoy our software application, your tablet device must meet certain system requirements. These requirements can be found on the Pulse Solution S.A Website or on the third party App Stores (e.g. the Google Play™ store).
In the unlikely event that you cannot activate the service or the software application, please contact us rapidly by e-mail at email@example.com
or at the phone number indicated on the website www.pulse-solution.com
, indicating your name, order date, and order number if available. Your invoice will be immediately sent to your email from firstname.lastname@example.org
All contractual information is in English and receives subsequent confirmation. Pulse Solution S.A reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning payment for a previous order.
Article 6: protection of private data
By registering on the Website of Pulse Solution S.A you agree to provide us with truthful, accurate personal data (such as name, contact information, or other information). You are responsible for maintaining the confidentiality of your password and other private account information. Any missing information shall result in the cancellation of your order. The information that you provide is essential for the treatment and processing of orders, invoices, and guarantees. This information will be processed in accordance with, and will comply with the applicable data privacy laws.
The willful provision of inaccurate or misleading information conflicts with the General Terms and Conditions and the Terms and Conditions of Use that may be found on the Website and we reserve the right, in our sole discretion, to cancel or refuse registration of any user name we believe violates these Terms.
You have the permanent right to access, correct, amend, and delete (which will results in your account cancellation right) all personal data, in accordance with the applicable data privacy laws. You may exercise this right by sending us a letter at the following address: Pulse Solution S.A, 2, Rue Argand, CP 1237 1211 Geneva 1, Switzerland, or writing us at email@example.com
Article 7: limited liability
In no event may Pulse Solution S.A its affiliates’ employees, contractors, directors, suppliers and representatives be held responsible for losses—direct, indirect, accidental, special, incidental, or consequential—including losses for revenue shortfall or for the loss or inaccuracy of data incurred by any person from the use of the software, if that person has been informed of the possibility of such damage. Although we endeavor to correct all errors and omissions as soon as they are brought to our attention, we cannot guarantee that our software packages shall always be available and perfectly operational, or that the information provided by any Pulse Solution S.A intermediary shall be entirely exempt from errors and omissions. You should take precautions against data loss. Because data loss may arise from software installation or modification, you should ensure that data is protected by all means possible. The customer bears sole responsibility for the use made of Pulse Solution S.A programs and may not hold the Pulse Solution S.A Company, its affiliates’ employees, contractors, directors, suppliers and representatives liable for any claim or procedure brought against it.
The services and software application provided hereunder shall be limited to termination of this agreement and monetary damages that in the aggregate may not exceed the total amount actually payable or paid to Pulse Solution S.A by Customer under this agreement during the twelve (12) months prior to its termination.
Article 8: release of liability
The customer is not authorized to grant or transfer the rights and obligations relating to this agreement. Pulse Solution S.A products may not be sold or leased; sublicenses may neither be distributed nor modified. Under no circumstances may Pulse Solution S.A products by used to create and/or modify:
- Sites dealing with computer hacking in any form: cracking, and so-called wares, serials, wares boards, viruses, etc.;
- Pornographic sites;
- Sites promoting fraud (pyramid schemes and other);
- Sites inciting violence or racial, sexual, religious, economic, or political discrimination.
Pulse Solution S.A reserves the right, without liability to the customer, to disable the customer’s access to any material that breaches the provisions of this article.
Article 9: applicable law
We aim to provide you with an excellent customer user experience. If you have any issue or concerns, we encourage you to bring this to our attention first by contacting us to firstname.lastname@example.org
and we will try to resolve any issues you may have encountered. This agreement was prepared and written in English. In the event of dispute, Swiss courts shall have jurisdiction.
Article 10: rights of use
The service and software application of Pulse Solution S.A is protected by international regulations and treaties governing copyright and intellectual property. The use of the service and software application shall under no circumstances entail the loss of rights governing reproduction, representation, operation, and generally all intangible rights recognized or to be recognized that contributed to the creation of the programs.
Article 11: changes to the terms
Pulse Solution S.A constantly improves its RestService and software application, and reserves the right, without notice, to modify its service and software application, change versions, and to modify functions, specifications, possibilities, and any other features of the service and software application.
If you continue to use the service and software application after any such changes, with or without notice, we consider that you have consented to them.
Article 12: Force majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of the RestService, or for any failure or delay by us to comply with these General Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control. Nevertheless, we will do our maximum to provide you a software application and a Service access provided on a continual basis, except during periods of maintenance and repair, and during server upgrades and exceptional interruptions.
Article 13: Indemnification
You are responsible for all of your activity in connection with the Service, software application and shall defend, indemnify, and hold harmless Pulse Solution S.A and each of its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, damages, losses, settlements, claims, actions, demands, costs and expenses, including attorneys’ fees, that arise from or relate to your use or misuse of the Website, Service, Software Application, Content or violations of these General Terms and Conditions.
Last Updated: November 15, 2015