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Last Updated on 26.09.2024
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.MYPULSE.PRO.
The use of www.mypulse.pro (“Website”), owned and maintained by MyPulse Sdn. Bhd. (“MyPulse,” “we,” “our,” “us”), is governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
Our Website provides a suite of online tools and services aimed at enhancing business operations through real-time data analytics and performance monitoring for merchants (“Services”). The Platform’s core services include:
Our Website is designed for use by small to medium-sized enterprises (SMEs) and merchants operating in online marketplaces. Our Website is particularly suited for users seeking to leverage real-time data to enhance decision-making processes, improve operational efficiency, and maintain a competitive edge.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND MYPULSE. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY MYPULSE, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All aspects of our Website are protected by Malaysian and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The MyPulse trademark and logo are proprietary marks of MyPulse, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by MyPulse.
Subject to your continued strict compliance with these Terms, MyPulse provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to MyPulse software over the Website, MyPulse provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under Malaysia and international copyright laws that is exclusively owned by MyPulse; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of MyPulse; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website or any software provided by MyPulse, whether alone, or in conjunction with other software, in any unlawful manner or a manner harmful to MyPulse. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software including, but not limited to, refraining from:
In addition to the foregoing, MyPulse requires you to follow these best practices when sending electronic communications:
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of MyPulse or otherwise.
MyPulse’s Platform Content MyPulse’s Platform is web-based business intelligent (BI) that system designed to support smart sales and marketing for you on marketplaces in Malaysia (i.e. Shopee and Lazada) and offers a variety of features aimed at optimising sales performance and market competitiveness. You may add your API key from the marketplaces to MyPulse Platform (the “System”) and receive most up-to-date analytics based on the collection of data for all products that you sell in the marketplaces subject to the terms of this Agreement. MyPulse may unable to continue providing the Services if the API from the data source is blocked, restricted, modified, or closed by the data provider or any third party. MyPulse shall not be liable for any interruption or discontinuation of services that depend on such data. As between the parties and to the extent permitted by applicable law, all analytics generated will remain proprietary material of MyPulse. Except for the limited right of access to the System, You will not have the right, title, and interest in and to the generated analytics provided by the System. You can use the generated analytics solely for your business purpose.
Due to the nature of machine learning, the generated analytics may not be unique across all users and the System may generate the same or similar generated analytics for multiple users.
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve the System to make it more accurate, reliable, safe, and beneficial as a whole. Given the inherent imperfections of machine learning, the System may not provide correct or legal generated analytics based on the collection of data from the marketplaces. You should evaluate and confirm the legality and accuracy of any generated analytics from the System for your use.
MyPulse’s Platform Restrictions. You may not (i) use the System, or its generated analytics and contents, in a way that infringes, misappropriates, or violates any person or entity’s rights, (ii) reverse engineer, compile, decompile, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the System, (iii) use output from the System to develop models or other systems to compete with the System, (iv) represent that the output from the System was human-generated when it is not or otherwise violate any terms or policies of MyPulse, (v) buy, sell, or transfer API keys without Our prior consent, (vi) if you are using an API connection with a website or application directed at children, send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. If Your jurisdiction does not support the System, then you may not use the System in violation of applicable law.
SECTION 3 - OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy. Our Privacy Policy may be viewed at https://mypulse.pro/privacy. MyPulse reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time.
SECTION 4 - INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a MyPulse user, you will be required to create an account with MyPulse. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your MyPulse user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a MyPulse user, such as technical information, our pricing, our business strategy, and data about other past or current MyPulse users or their customers.
So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in MyPulse’s sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your MyPulse user account or enhanced pricing for your MyPulse user account, at MyPulse’s sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, MyPulse under your user account. You agree to immediately notify MyPulse of any unauthorized use of your password or user name or any other breach of security related to your user account.
Verification Processes
We may require you to complete a verification process to confirm your identity, prevent fraudulent activities, and comply with applicable laws and regulations. You may be required to verify your account through email verification, phone number verification, and/or the submission of identity documents. If the verification is unsuccessful or incomplete, we reserve the right to limit your account functionality or suspend your access to our services.
Account Modifications
You may update personal information, payment methods and preferences through the account settings. To make changes to your account, follow the instructions provided in your account settings. Certain details, once verified, may not be changed without contacting our support team.
Account Deletion
You may request the deletion of your account at any time through your account settings or by contacting our customer support. Before your account is deleted, all outstanding obligations, including any unpaid balances, must be settled. Account deletion requests will be processed up to thirty (30) days from the date of your request. During this period, you may withdraw your request if you change your mind. Once your account is deleted, you will lose access to our services, and any data associated with your account will be permanently deleted and unrecoverable. Reactivation of your account after deletion is not possible, and you will need to create a new account if you wish to use our services again.
SECTION 5 - ORDER PLACEMENT AND ACCEPTANCE
If you order a service, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at welcome@MyPulse.pro in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
We reserve the right to limit the sales of Our services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of services is conditioned on you re-affirming your acceptance of this Agreement. All advertised prices are in, and all payments shall be in, Malaysian Ringgit (RM).
SECTION 6 – SERVICES
MyPulse provides the following services which shall be delivered and displayed on MyPulse’s Platform:
This service will show your sales and orders, real-time sales insights and overhead costs from the respective marketplace base on the API key that you provide on the System.
This service assists you to identify and provide information on which SKU performing and not performing against your set benchmark.
This service allows you to monitor your product and services revenue base on the data received from other data points provided by you. In the event that you further provide cost of goods sold and any other data for a particular SKU, we would be able to further assist to determine the gross profit per SKU unit.
This subscription service allows you to automatically generate photo, product description, work with reviews and increase your customers’ satisfaction and update keywords and run A/B testing using AI. AI generated outputs are generated by algorithms and might not always accurate and MyPulse cannot ensure that AI-generated outputs will be completely accurate or reliable.
SECTION 7 – FREE SERVICE, SUBSCRIPTION AND PAYMENT TERMS
Free Service
MyPulse will provide free usage, and no fee will be charged to you for using our Multichannel Insights Hub as described under Section 6 above.
Subscription Plan
To use other services, you will be required to subscribe one of our subscription plans enlisted below. The subscription plans offered by MyPulse are subject to revision by MyPulse from time to time.
(1) Expert
This package is suitable for enterprise sellers and the Services that are included under this subscription plan:
The subscription fees are varied depending on the users’ decision to choose payment plans:
Subscription and Payment Terms
If you subscribe to our subscription plans as above, then these terms apply to your purchase and you agree to them:
a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge in the currency specified. The price stated for the subscription plans excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the subscription plan if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a debit or credit card. Please contact your bank for details.
b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
c. Billing. By providing MyPulse with a payment method, you (i) represent that you are authorised to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorise MyPulse to charge you for the Services or available content using your payment method; and (iii) authorise MyPulse to charge you for any Subscription Plan you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription plan. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
d. Recurring Payments. When you purchase the Services on a subscription basis, you agree that you are authorising recurring payments, and payments will be made to MyPulse by the method and at the recurring intervals you have agreed to, until the subscription for that Services is terminated by you or by MyPulse. You must cancel your subscription before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorising recurring payments, you are authorising MyPulse to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account, or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, MyPulse or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
e. Online Statement and Errors. MyPulse will provide you with an online billing statement on the MyPulse account management website, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90-days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund, unless otherwise required by law. If MyPulse has identified a billing error, we will correct that error within 90 days. This policy does not affect any statutory rights that may apply.
f. Refund Policy. Unless otherwise provided by law or the terms of a particular Service offer, all purchases are final and non-refundable. If you believe that MyPulse has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old, unless otherwise required by law. We reserve the right to issue refunds or credits at our sole discretion unless otherwise required by law. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
g. Cancelling the Subscription. You may cancel a subscription at any time, with or without cause. Cancelling a subscription stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, visit the MyPulse account management website. You should refer back to the offer describing the subscription as (i) you may not receive a refund at the time of cancellation; (ii) you may be obliged to pay cancellation charges; (iii) you may be obliged to pay all charges made to your billing account for the Services before the date of cancellation. If you cancel, your access to the Services ends at the end of your current subscription period or, if we bill your account on a periodic basis, at the end of the period in which you cancelled. If you initiate a chargeback or reversal with your bank for your payment of Services, we will deem you to have cancelled as of the date that the original payment was made, and you authorise us to immediately cancel your service and/or revoke any content that was provided to you in exchange for such payment.
h. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
i. Promotional Offers. From time to time, MyPulse may offer Services for free for a trial period. MyPulse reserves the right to charge you for such Services (at the normal rate) if MyPulse determines (in its reasonable discretion) that you are abusing the terms of the offer.
j. Price Changes. We may change the price of the subscription at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, 7 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
k. Subscription Plan Changes. If you decide to upgrade or downgrade your subscription plan, you must request to us by submitting your request to our email at welcome@mypulse.pro. Your new subscription will take effect after the expiry of your previous subscription.
l. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. Subject to applicable law, you are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust it for any previous over-payment.
m. Bank Account Payment Method. You may register an eligible bank account with your MyPulse account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries. Terms you agreed to when adding your bank account as a payment method in your MyPulse account also apply. You represent and warrant that your registered bank account is held in your name or you are authorised to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorise MyPulse (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorise the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorisation will remain in full force and effect until you remove your bank account information from your MyPulse account. Contact customer support as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorised transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.
SECTION 8 – SERVICE AVAILABILITY AND MAINTENANCE
MyPulse will use commercially reasonable endeavours to maintain a 99.9% uptime on the availability of the Services. Any maintenance schedules will be communicated via email and on MyPulse’s Platform at least 48 hours in advance, with minimal downtime during off-peak hours.
The Website may not be available, or may be delayed or adversely impacted at any time for any reasons beyond MyPulse’s reasonable control (including, for example, due to telecommunications failure, fire, flood, or interference from an outside source) or that of any MyPulse’s third-party service provider. MyPulse shall not be liable for any claim, loss or damage arising from or related to any such unavailability, delay or by non-delivery, misdirected delivery or mishandling of, or inaccurate content, information and instructions sent through MyPulse.
Our dedicated support team is available to assist you with any technical issues or customer service inquiries. Support is provided 12 hours a day, 5 days a week (12/5), during our standard support hours at launch. We will respond to support requests within 24 hours for any critical issues. You can reach our support team through our email address welcome@mypulse.pro.
SECTION 9 – DISCLAIMER - YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
MyPulse does not promise, guarantee, or warrant your business’s success, income, or sales. You understand and acknowledge that MyPulse will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to software and tools to create Internet sales funnels and otherwise assist with their respective online offerings. However, we do not guarantee your business’s success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’s accountant, attorney, or financial advisor for advice on these topics.
SECTION 10 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use MyPulse’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify MyPulse if any investigation or lawsuit is threatened or filed against you, whereupon MyPulse shall have the right to terminate this Agreement without liability. MyPulse shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. MyPulse shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.
SECTION 11 – VOLUNTARILY SUBMITTED INFORMATION
MyPulse is pleased to hear from users and customers and welcomes your comments regarding our services and products. MyPulse shall have the right to use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to My Pulse’s services or products, in printed and online media, as MyPulse determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. Your business’s results will vary depending upon a variety of factors unique to your business and market forces beyond MyPulse’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and non-proprietary, and, by providing them, you grant MyPulse a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
MyPulse reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. MyPulse shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
SECTION 12 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
ANY USERS OF THE WEBSITE(S) THAT ARE IN BETA TESTING STAGE OR A SIMILAR PRE-LAUNCH OR TRIAL STAGE HEREBY EXPRESSLY ACKNOWLEDGE THAT FULL SECURITY PROTOCOLS OF THE BETA-STAGE WEBSITE(S) MAY BE INADEQUATE OR NOT FULLY VETTED BY US. BY USING ANY OF OUR WEBSITE(S) IN BETA STAGE, YOU ASSUME THE FULL RISK OF ANY DATA BREACHES AND HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MYPULSE FOR ALL CLAIMS AND/OR DISPUTES ARISING OUT OF SUCH BETA-STAGE USAGE BY YOU.
SECTION 13 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL MYPULSE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER MYPULSE HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL MYPULSE’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO MYPULSE FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST MYPULSE OCCURRED.
SECTION 14 – MYPULSE’S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to MyPulse, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of MyPulse or a third-party, MyPulse shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction in Malaysia, restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting MyPulse from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Malaysia for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 15 – INDEMNIFICATION
You agree to indemnify and hold MyPulse, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, contractors, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including lawyers’ fees) arising out of your violation of these Terms and/or use of the Service.
SECTION 16 – NOTICE
MyPulse may give notice through the electronic mail to your email address in the records of MyPulse, or by written communication sent by registered mail or pre-paid post to your address in the record of MyPulse. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to MyPulse (such notice shall be deemed given when received by MyPulse) by letter sent by courier or registered mail to MyPulse using the contact details as provided in the MyPulse’s Platform.
SECTION 17 – THIRD-PARTY LINKS
The Website may contain links to other websites. MyPulse assumes no responsibility for the content or functionality of any non-MyPulse website to which we provide a link. Please see our Privacy Notice for more details.
SECTION 18 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of MyPulse or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you.
Upon termination, you will no longer have access to any content, data or information associated with your account. However, we may retain certain data for a limited period as required by law or for legitimate business purposes, such as fraud prevention or record-keeping, in accordance with our Privacy Policy. You may request a review of termination decision by contacting our support team within 14 days of the termination notice. We will review your case and provide a final decision. You may engage in dispute resolution to address any concerns or claims arising from the termination. You may request the deletion of any remaining personal information in our possession, subject to legal and regulatory obligations. Termination does not relieve you of any obligations to pay any fees or charges accrued prior to termination.
SECTION 19 – NO WAIVER
No failure or delay on the part of MyPulse in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by MyPulse.
SECTION 20 – GOVERNING LAW AND VENUE
This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be referred to the Asian International Arbitration Centre (Malaysia) (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and MyPulse (the “Arbitrator”). If you and MyPulse are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by you and MyPulse, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
SECTION 21 – DISPUTES
In the event a problem arises in relation to the Services, you agree to communicate with MyPulse first to attempt to resolve such dispute by mutual discussions, which MyPulse shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, you may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from the Services.
You covenant and agree that you will not bring suit or otherwise assert any claim against MyPulse in relation to any Services provided on the Website or any dispute related to such Services.
SECTION 21 – FORCE MAJEURE
MyPulse will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 22 – ASSIGNMENT
MyPulse may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without MyPulse’s (or its assigns’) express written consent.
SECTION 23 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with MyPulse through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 24 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at https://mypulse.pro/legal. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 25 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that MyPulse has the right to rely upon all information provided to MyPulse by you, and MyPulse may contact you, your business, and any subaccounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by any federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by any federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify MyPulse of the same within twenty-four (24) hours. MyPulse, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by MyPulse without incurring any obligation or liability to you.
SECTION 26 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 27 – ENTIRE AGREEMENT
These Terms and the Privacy Policy, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and MyPulse and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and MyPulse. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party. When translations of these Terms are provided to You, they are only provided for convenience and the English language translation of these Terms shall govern.
SECTION 28 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to welcome@mypulse.pro.
If you have any questions or inquiries concerning these Terms, you may contact MyPulse by email at welcome@mypulse.pro.
Notices to you may be made by posting a notice (or a link to a notice) on https://mypulse.pro/legal and such other sites we own and control, by email, or by regular mail, at MyPulse’s discretion.
