Acceptable Use Policy
This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web services offered by Pulse Creative Media Services Ltd, trading as Pulse Mobile Solutions (“Pulse”) and its affiliates (“Services”) and the website located at https://www.pulse-ltd.co.uk (“Website”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the Website. By using the Services or accessing the Website, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.
You must (i) be human; (ii) be 13 years or older to use this Service (accounts registered by “bots” or other automated methods are not permitted); (iii) provide your legal full name, a valid email address, and any other information requested in order to complete the signup process; and (iv) use the Site only for lawful purposes. You are responsible for maintaining the security of your account and password. Pulse cannot and will not be liable for any loss or damage from your failure to comply with this, or any other, obligation contained in this Policy.
You represent and warrant to us that:
- You own all rights in and to any content uploaded by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Content.
- The Content is true, current, accurate, non-infringing upon any third-party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your application visitors and end users reside.
- You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Content, and you will adhere to all laws applicable thereto.
- You may not post or upload via our Service any defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, or which otherwise violates the rights of any third party.
- You may not use the Service for any illegal or unauthorised purpose or more generally in a manner that would affect or disrupt Pulse’s reputation or business, in the sole judgment of Pulse.
- You agree to comply with all laws, rules and regulations (for example, national or local) applicable to your use of the Service and your Content, including but not limited to, copyright and trademark laws.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- You must not create accounts with the Service through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of this Policy.
- You agree not to disparage the reputation of Pulse.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
You further agree:
- To receive from time to time promotional messages and materials from us or our partners, by mail, e-mail or any other contact form you may provide us with. If you wish not to receive such promotional materials or notices, please notify us;
- To allow us to use in perpetuity, worldwide and free of charge, any version of your application (or any part thereof) for any of our marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against us or anyone on our behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your application with respect to such limited permitted uses;
- Not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble our Service, or any part thereof;
- Not to purchase search engine or other pay per click keywords or domain names that use Pulse or Pulse trademarks and/or variations and misspellings thereof;
- Not to probe, scan, or test the vulnerability of our Services or any network connected to our Services;
- Not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Pulse Services or systems or networks connected to the Pulse Services, or otherwise interfere with or disrupt the operation of any of the Pulse Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- Not to exceed Fair Use: all applications created with one subscription may not exceed more than a combined total of 150,000 requests per day to the Pulse APIs;
- Not to remove or alter any copyright notices, restrictions and signs indicating proprietary rights of any of our licensors;
- Not to use or copy (in whole or in part) any copyrighted materials and/or content provided by Pulse;
- Not to reverse engineer or propose a service similar to Pulse, based on the Pulse technology such as offering an app building platform and/or service;
- You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your account and/or any Services provided to you by Pulse with or without further notice to you, and without any refund of amounts paid on account of any such Services; and
- Pulse cannot be held responsible for the deletion, the correction, the destruction, the damage, the loss or the inappropriate hosting of any Content. Pulse may withhold, remove and/or get rid of Content, without notice.
“Fraudulent Activity” means any of the following activities:
- fictitious installation and/or download of a mobile application;
- installing or uninstalling any program (including, without limitation, a mobile application) on an end user’s mobile device, without the end user’s consent or any other similar practices;
- automated, deceptive, fraudulent, encouraged or other invalid searches in any web search feature, or searches for any purpose other than organic retrieval of information and web browsing in good faith;
- automated and/or fraudulent clicks on: ads, sponsored links, sponsored search results, mobile application components, or such clicks for purposes other than retrieval of information in good faith;
- initiating or using a promotion in connection with a mobile application which violates any applicable law or regulation, or an existing agreement with Pulse or which is not consistent with industry standards and good practices;
- reverse engineer, bypassing and/or circumventing the Pulse Services, including any subscription plan available therein;
- hacking to a mobile application or the Pulse Services or any part thereof, or using a mobile application or the Pulse Services in order to hack into public or private infrastructure or equipment;
- using in connection with a mobile application or the Pulse Service any material that contains software viruses or any other computer code, files or programs designed to interrupt, hijack, destroy or limit the functionality of any computer software, hardware, network or telecommunications equipment;
- trying and gain access to or disrupt any Pulse service, data, account or network by any means;
- falsifying any protocol or email header information (e.g., “spoofing”);
- hosting or using open proxies including Internet Relay Chat;
- uploading, posting, hosting, or transmitting unsolicited email, SMS, SPAM or distribute malware or phishing content;
- using the Services in a way that could harm the Services or impair anyone else’s use of the Services;
- using the Services for any high-risk use where failure or fault of the Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage;
- to modifying the Services or modifying another website so as to falsely imply that it is associated with the Services.
“Prohibited Activity” means:
- any activity or use of Content that:
- encourages conduct that would be considered a criminal offense or could give rise to civil liability, or violates any applicable law, regulation or order or decree of any court, government or tribunal including, but not limited to, collecting, using or disclosing personal information from any individuals in violation of applicable law, including without limitation personal information of minors in violation of applicable privacy law, including regulation and/or industry best practices;
- violates, misappropriates, or infringes any third party (including, without limitation, end users) intellectual property rights, rights of privacy and publicity, or other proprietary or legal rights;
- materially interferes or disrupts web navigation or browsing;
- involves rewards programs or actual monetary exchanges, without Pulse’s express written approval; or
- modifications to other mobile applications (and/or Content on such mobile applications) used by end users and controlled by third parties without the end users’ consent; (b) usage which adversely affects public or private infrastructure or equipment; (c) installation or un-installation of a mobile application that is generated without an accurate and conspicuous disclosure and without informed consent or any other similar practices; (d) Fraudulent Activity; (e) use, endorsement, and/or promotion of Content which: (i) is, promotes presents, or advocates pornographic, obscene, excessively profane, racist, ethnically offensive, crude humour, frighten or horror themes or images, threatening, infringing, violent, libellous, gambling-related, or discriminatory activity, promotes illegal drugs or arms trafficking, violates Export Control Laws, creates a risk to a person’s safety or health, compromises national security or interferes with an investigation by law enforcement officials, or is misleading or deceptive material or is any type of malware; (ii) promotes, advocates or facilitates terrorism, terrorist-related activities or violence; (iii) contains any Nazi symbols or references or advocates racial or ethnic intolerance, including material harmful to children; or (iv) contains excessive or inappropriate advertisements or Content as determined by Pulse in its sole discretion; (f) using a mobile application or the Pulse Services to offer, distribute or promote any mobile application that is substantially similar to the mobile application; (g) redirecting traffic or replacing web pages or any other pages available in a mobile application to web pages or other pages which promote Content or products which may adversely affect the use of the mobile application and/or violates any of the prohibitions contained herein; or (h) any attempt to bypass any subscription plan in order to avoid payment and/or get a reduced rate.
You will not use the Pulse Services or a mobile application to offer, display, distribute, transmit, route, provide connections to or store any Content or any other material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Pulse has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Pulse reserves the right to take down any and all Content posted via use of the Pulse Service or a mobile application at any time in its sole discretion. Without limiting other provisions herein, you agree to assist Pulse with any such compliance activities.
Last updated: 12th December 2018