Terms of Service
By installing and using the Pulseway software created by MMSOFT Design Ltd., you are agreeing (i) to be bound by the terms and conditions of this Agreement and (ii) to comply with all applicable laws and regulations. If you do not accept this Agreement, you are prohibited from installing and using the Pulseway software. The materials contained in the Pulseway solution are protected by applicable patent, copyright and trademark law.
2. Use License
Following acceptance of this Agreement, permission is granted to download and install the materials (information or software) on MMSOFT's web site (www.pulseway.com).
This is the grant of a license, not a transfer of title, and under this license you may NOT:
- install and use the Pulseway software on a number of systems greater than the number of systems licenses you have assigned to your account;
- use the Pulseway solution without purchasing a Pro or Team subscription (except for the 14-day trial);
- create and use multiple trial user accounts on any plan;
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non- commercial) without our written consent;
- attempt to decompile or reverse engineer any software contained on MMSOFT's web site;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or "mirror" the materials on any other server;
- otherwise misappropriate any of MMSOFT intellectual property rights.
This license may be immediately terminated by MMSOFT if you violate any of these restrictions and your account may be cancelled by MMSOFT. at any time without prior notification. Upon the termination of this license, you must return or at the request of MMSOFT, destroy any of MMSOFT’s materials in your possession whether in electronic or printed format.
Pulseway can send email notifications for user defined alerts. Enabling the email notifications and then marking the received notification emails as SPAM will result in account termination. Also, supplying an invalid email address will result in the suspension of the alert notifications.
The materials on MMSOFT Design Ltd.'s web site are provided "as is". MMSOFT. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MMSOFT does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations on Liability; Indemnification
In no event shall MMSOFT. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the product(s) or the materials on MMSOFT's Internet site, even if MMSOFT or a MMSOFT authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree to defend, indemnify, and hold harmless MMSOFT from and against any and all claims, liabilities, damages, and/or costs (including attorneys’ and expert witness fees, costs and other expenses) arising out of or related to claims in respect of: (a) any actual or alleged violation of this Agreement or applicable law, rule or regulation by you or any person accessing or using Pulseway by or through you; (b) any actual or alleged infringement or violation by you or any person accessing or using Pulseway by or through you, of any intellectual property or privacy or other right of any person or entity; (c) any claims by third party clients (except claims of infringement by MMSOFT), or arising out of or relating to your relationship with any third party client; or (d) Customer Data.
5. Prices and Payment
All the Pro and Team subscription payments are final and non-refundable. You may cancel your subscription at any time, any amounts paid prior to your cancellation will not be refunded. Prices are subject to change without notice.
You agree to pay MMSOFT the applicable amounts when due, regardless of whether you are actively using Pulseway. You agree to be responsible for payment for all activity by third parties who access or Pulseway through you or on your account regardless of whether such activity was authorized by you. All payment obligations are non-cancelable and all amounts paid are nonrefundable and nonconvertible. All pricing terms are confidential and you agree not to disclose them to any third parties.
We may assess a late charge in the amount of the lesser of 1.5% for any unpaid amount each month or the maximum rate that is permitted by law. You agree to pay for all reasonable costs we incur to collect any past due amounts which costs may include reasonable attorneys' fees. MMSOFT may suspend, cancel or otherwise terminate your rights in whole or in part if you fail to pay in full on time any amounts then due and owing.
6. Revisions and Errata
The materials appearing on MMSOFT's web site could include technical, typographical, or photographic errors. MMSOFT does not warrant that any of the materials on its web site are accurate, complete, or current. MMSOFT may make changes to the materials contained on its web site at any time without notice. MMSOFT does not, however, make any commitment to update the materials.
7. Terms and Conditions Modifications
MMSOFT may revise these terms and conditions at any time without notice. By using the Pulseway solution you are agreeing to be bound by the then current version of these terms and conditions.
8. Governing Law
Any claim relating to MMSOFT’s Pulseway solution shall be governed by the laws of Ireland without regard to its conflict of law provisions.