Daily Pulse Terms of Service
Last Updated: 2024-08-01
Welcome to Daily Pulse. Please read these Terms of Service ("Terms") carefully as they govern your use of our website located at https://www.dailypulse.ai and any related services, including our AI-powered remote team management platform (collectively, the "Services"), operated by Daily Pulse Inc. ("Daily Pulse," "we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.
By creating an account, accessing, or using our Services, you affirm that you are at least 18 years old and are fully able and competent to enter into and comply with these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
Your use of the Services is also governed by our Privacy Policy, which can be found at https://dailypulse.ai/en/privacy-policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.
4.1. To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your account. You agree not to disclose your password to any third party and to immediately notify Daily Pulse of any unauthorized use of your account.
4.3. Account Administrators and Organization Management: The Services include functionality whereby account administrators may manage Organizations that are associated with email addresses provisioned by their organization. This includes the ability to claim control and ownership of Organizations where the Organization is both (i) created by a User that is registered for Daily Pulse with an email address provisioned by you; and (ii) where a User that is registered for Daily Pulse with an email address provisioned by you is listed as an administrator. By using this functionality, you acknowledge that you assume all rights and obligations associated with that Organization.
5.1. License: Subject to these Terms, Daily Pulse grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your internal business purposes.
5.2. Restrictions: You agree not to, and will not permit others to:
5.3. Modifications to Services: Daily Pulse reserves the right to modify, suspend, or discontinue any part of the Services without prior notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
6.1. Subscription Plans: Daily Pulse offers various subscription plans. The features and pricing of these plans are described on our website and in the applicable Documentation.
6.2. Billing Cycle: Unless otherwise stated in an Order Form, subscription fees are due and payable in full at the time of purchase.
6.3. Payment: You agree to pay all fees associated with your Subscription. All payments are non-refundable unless expressly stated otherwise in these Terms or required by applicable law.
6.4. Taxes: You are responsible for paying all taxes associated with your Subscription, other than taxes based on Daily Pulse's net income.
6.5. Subscription Agreement: By purchasing a Subscription, you agree to the terms of the Subscription Agreement, which is hereby incorporated by reference.
7.1. The Services and their original content, features, and functionality are and will remain the exclusive property of Daily Pulse and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
7.2. You retain all rights to any content you submit, post or display on or through the Services ("User Content"). By submitting, posting or displaying User Content, you grant Daily Pulse a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such User Content in connection with providing and improving the Services.
7.3. Daily Pulse's Proprietary Rights: You acknowledge and agree that the Services, including without limitation, Daily Pulse's AI models, algorithms, software, and other proprietary technologies, are protected by copyright, trademark, patent, and other intellectual property laws. You agree not to modify, reproduce, or create derivative works based on these proprietary technologies.
8.1. You acknowledge that certain content, including feedback and insights, may be generated by artificial intelligence systems ("AI-Generated Content"). While we strive to ensure the accuracy and usefulness of AI-Generated Content, we do not guarantee its completeness, accuracy, or suitability for any particular purpose.
8.2. You agree to use AI-Generated Content at your own risk and discretion. Daily Pulse shall not be liable for any decisions, actions, or consequences resulting from your use of or reliance on AI-Generated Content.
9.1. Data Processing Agreement: To the extent that Daily Pulse processes any Personal Data (as defined in the EU General Data Protection Regulation) on your behalf in the provision of the Services, the terms of the Data Processing Addendum, which are hereby incorporated by reference, shall apply.
9.2. International Data Transfers: You acknowledge that Daily Pulse may transfer and process User Content and Personal Data outside of the country in which you are located. Where required, appropriate safeguards will be put in place to protect your Personal Data.
10.1. The Services may contain links to third-party websites or services that are not owned or controlled by Daily Pulse. Daily Pulse has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
10.2. You acknowledge and agree that Daily Pulse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
11.1. Beta Services: Daily Pulse may make beta services available to you. You may use any Beta Services at your own risk. Beta Services may contain bugs or errors and are provided "AS IS" without any warranties.
11.2. Free Trials: We may offer free trials of our Services. We reserve the right to modify or terminate any free trial offer, your access to the Services during the free trial, or any part thereof, at any time without notice and without liability.
12.1. We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
12.2. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
12.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13.1. The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
13.2. Daily Pulse, its subsidiaries, affiliates, and licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
In no event shall Daily Pulse, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify and hold harmless Daily Pulse and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Services.
16.1. Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Virginia, without regard to its conflict of law provisions.
16.2. Arbitration: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Loudoun County, Virginia, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
16.3. Waiver of Class Actions: You agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You agree to comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You warrant that you are not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions.
If you provide Daily Pulse with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Daily Pulse all rights in such Feedback and agree that Daily Pulse shall have the right to use and fully exploit such Feedback in any manner it deems appropriate.
Daily Pulse will use commercially reasonable efforts to make the Services available with an uptime of 99.9% of each calendar month. In the event we do not meet this service level, you may be eligible for service credits as specified in our Service Level Agreement, which is hereby incorporated by reference.
Daily Pulse reserves the right to withdraw or amend our Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
If you have any questions about these Terms, please contact us at support@dailypulse.ai.
By using Daily Pulse, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.
Have questions? Get in touch with our team for personalized assistance.