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Contract – Terms and conditions

Updated 08/03/2021

— General Informations .

–1. Introduction

1.1 Pulsing – software as a service (SaaS) – is a web application developed and born from a project by Justin Mcgill, resident in Campobello di Mazara (TP) at Via Siena n. 19 – Tax Code MCRDRA99T06C286Y / VAT number 02709360818 – email address: justin@pulsing.io (hereinafter also the “Owner”). Pulsing was created to solve a common problem in the digital world, to improve the management and control of what happens on your website.

– 2. General conditions and any changes

2.1 These general conditions govern the operation of the web application or platform and constitute the legal framework that governs the use of the services and the purchase of the product. Any divergent or additional provision established at the conclusion of the contract will be applied only if agreed between the parties and drawn up in writing or published on the Site.

2.2 The applicable General Conditions are those in force on the date of the conclusion of the contract. The General Conditions can be modified at any time by the Owner; any changes and / or new conditions will be in force and will be considered known and / or knowable by the User from the moment of their publication on the Site. If, following the aforementioned changes, substantial (and not merely formal) changes are made to the conditions general that affect the relationship between the Owner and the User, each User will receive a specific information notice (for example by e-mail), following which it will be possible to withdraw from the contract in case of non-acceptance. In the absence of the exercise of withdrawal within the deadline communicated in the appropriate notice, the changes will be considered tacitly accepted.

2.3 These General Conditions do not regulate the sale of products and / or the provision of services by parties other than the Owner who may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary for the User to verify their conditions of sale. The Owner is not responsible in any way for the provision of services and / or for the sale of products by these subjects, nor does it carry out any checks on the websites that may be consulted through these links. Therefore, the Owner is not responsible in any way for the contents of these sites, nor for any errors and / or omissions and / or violations of the law by them.

2.4 These General Conditions are always publicly accessible at https://pulsing.io/terms and can be signed by the User in both paper and digital form. Regardless of the form of subscription, the User accepts immediately that these General Conditions may be modified as indicated in point 2.2.

3.Object of the service offered

3.1 Pulsing was created to solve a common problem in the digital world, to improve data management and control. Pulsing allows you to have total control over what happens on your website. Thanks to Pulsing it will be possible to analyze the aggregate or individual user behavior to evaluate the effectiveness of the strategies adopted online and offline. Pulsing will allow you to analyze the path of individual users, obtain accurate data and statistics, monitor any type of interaction or event related to the use of your website. Through the Pulsing services it will be possible to monitor the path that each user makes on the website, monitor how many seconds the user has been on each page, what he has read and what he has clicked.

4. User registration and acceptance of these general conditions

4.1 Subscription to the Platform is free. Following the registration and registration on the Platform, it will be possible to use all the Pulsing functions free of charge, with the exception of the possibility of sending emails and permanently recording session recordings.

4.2 The Data Controller will have the right to send the following types of communication to registered Users by email: – emails regarding the updating of the Site or the services offered; – emails relating to any discounts on the service provided by the Platform; – emails relating to any new partnerships or features; – commercial / promotional emails from partners (only in the event of the User’s express consent to receive this type of communication). Following the completion of the registration and registration procedure, Users will be able to purchase the products and / or services offered in the manner indicated below.

4.3 The User who wants to register on the Site must proceed, online, with the registration through the appropriate section of the Platform. To this end, he must complete the registration procedure on the Site by providing the requested information and personal data and indicate an e-mail address to log in and create a “password”, as requested in the appropriate section of the Site. ‘registration, the User will take care to indicate all the information requested by the Site during the registration phase.

4.4 During the Registration procedure, the User will be asked to specifically confirm having read and accepted these General Conditions (https://pulsing.io/terms), the Conditions of Use (https: //Pulsing.io/notes), the information on the processing of personal data (https://pulsing.io/privacy) and the information on the cookie policy (https://pulsing.io/cookie).

These documents can be viewed by connecting to the Site and consulting the appropriate sections. The acceptance by the User of these General Conditions, the Conditions of Use, the Information on the processing of personal data and the information on the cookie policy is a necessary and essential condition for using the service.

4.5 The User is obliged to provide complete and truthful information during the registration phase. In any case, the User remains solely responsible for the information provided, without any obligation for the Owner to check the veracity of the information that will be entered.

4.6 The User declares to have read in full, acknowledges and accepts: the content of these General Conditions (https://pulsing.io/terms), of the Conditions of Use (https://pulsing.io/notes), of the ” Information on the processing of personal data (https://pulsing.io/privacy).

4.7 Owner and manager of the processing of personal data and usage data (together “Personal Data”), is Mr. Justin Mcgill, resident in Campobello di Mazara (TP) at Via Siena n. 19 – Tax Code MCRDRA99T06C286Y / VAT number 02709360818 – email address: justin@pulsing.io (hereinafter also the “Owner”).

5. How to purchase the services offered

5.1 The User who has completed the registration procedure will be able to access and purchase the services offered by the Site.

5.2 In the event that the User has signed the paper contract, he immediately accepts that the Platform may carry out the online registration procedure in his name so as to be part of it and be able to associate the purchased and / or purchasable services with him. in the future.

5.3 Subscription to the Platform is free. Following the registration and registration on the Platform, it will be possible to use all the Pulsing functions for free.

If the aforementioned threshold is exceeded, the user can use the Pulsing services by signing up for a subscription to the Platform with periodic payment, with a minimum duration of one month. It is not excluded the possibility for the User to choose a subscription, for the selected services, which has a duration of more than one month. In this case, the cost will vary in relation to the duration chosen by the User.

5.4 The payment of the access plan to the chosen service must be made by the User at the end of the activation phase.

5.5 The User can make the payment in the manner provided by the platform. Periodic payment will be made automatically by the platform if provided for by the payment method chosen by the User; otherwise, it will be the User’s responsibility to pay for the same and notify the Owner of the payment.

5.6 The User will have the right to withdraw from the contract by interrupting the provision of the services purchased until the day before the expiry of the current period and in complete autonomy directly from the reserved area of ​​the Platform. Following this communication, he will cease all payment obligations starting from the period following the termination.

5.7 The Platform allows the User to choose the activation of distinct service access plans. Based on the access plan to the chosen service, the User will have the right to monitor a predetermined number of users of their website.

5.8 For the activation of an access plan to the services of the Pulsing platform which provides for the monitoring of a number of users exceeding the threshold of 10,000 units, the specific needs of the User requesting the activation of the service will be assessed. In this circumstance the cost of the service will be established on the outcome and on the basis of specific agreements.

6. Conclusion of the contract and payment methods

6.1 The subscription to the Platform is free and it will be possible to use all the Pulsing functions free of charge. Upon registration, the User must give consent and accept these General Conditions, the Conditions of Use, the information on the processing of personal data and the information on the cookie policy. In any case, by completing the Registration procedure, the User expresses his consent to join the Site, in full knowledge of its rules, freely available on the Site, as well as the prices of the service, also published in the appropriate section.

6.2 The User must select and choose one of the access plans to the services of the Pulsing platform and must pay the relative amount, according to the methods provided on the Site.

6.3 If the User wishes to activate the Pro Plan, he will immediately make the payment by online payment, to pay the amount relating to the selected services. Payment will be made using the appropriate section of the site, providing the data of the credit card, debit card or even the prepaid card.

6.4 The contract will be concluded as soon as the Owner receives the credit of the payment relating to the access plan to the services of the Pulsing platform chosen by the User.

6.5 At the end of the purchase procedure, the User can use the services purchased, without prejudice to any delays due to purely technical problems and / or routine checks.

6.6 The receipt of payment will be sent to the User by e-mail to the address indicated at the time of registration. A copy of the invoice, having fiscal value, will then be sent to the User by e-mail upon fulfillment of the electronic invoicing obligations.

7. Withdrawal

7.1 Upon registration, the User declares, under his own responsibility, to operate as a professional, with the consequent exclusion of the application of the legislation dedicated to Consumers. In this case, the possibility of withdrawing from the contract is not envisaged once the same has had a principle of execution.

7.2 The User will have the right to terminate the contract, interrupting the supply of the purchased services, until the day preceding the beginning of the period chosen for the use of the service itself. The operation can be carried out by the User, in complete autonomy, directly from the private area of ​​the Platform.

7.3 It is without prejudice to the possibility for the User to request, at any time of the execution of the contract, the cancellation of his personal file from the Site.

7.4 No reimbursement will in any case be provided to the User, for the part of the service not used, in the case referred to in the preceding point.

8. Express termination clause

8.1 Failure to pay the pre-established amount for the use of the previously chosen service implies the immediate legal termination of this contract, authorizing the Owner to terminate the provision of each service, without further notice.

9. Obligations and responsibilities of the owner with respect to the execution of the contract

9.1 The Owner does not assume responsibility for damages and prejudices, of any nature, due to the lack of accuracy, completeness, topicality, as well as errors or omissions which the information and services contained on the Site may suffer, nor does it assume the responsibility to supervise on content and information.

9.2 The Owner undertakes to ensure the proper functioning of the portal at all times, however, it does not guarantee uninterrupted access. For the provision of the services offered by the Platform, the Owner uses the technology currently and usually used in the sector. If the User uses technologies that are not current or not in common use, he may be able to use the Service only to a limited extent.

9.3 Only in the event of complete interruption of the service for a period exceeding 30 days, the User is authorized to withdraw from the contract. In this case, the Owner will refund the User a part of the price proportional to the service not used.

9.4 Claims for damages by the User are excluded, in the event of failure or limited operation of the service for the reasons set out in the preceding point.

9.5 In any case, the Data Controller will not be liable in the event of loss of earnings, loss of revenues, profits, data or for any other indirect and consequential damage of any nature deriving from or in any case connected to the execution of the contract.

9.6 The responsibility of the owner in any case, cannot exceed the value of the monthly fee.

9.7 In no case, the Data Controller may be held responsible for the non-fulfillment of any of the obligations deriving from this contract, in the event that the non-fulfillment is caused by unforeseeable circumstances and / or force majeure, including, to purely by way of example, provisions of the Public Authority (unrelated to the activity carried out by the Platform), strikes, natural disasters, pandemics, terrorist acts, extensive malfunctions of the network and / or blackouts.

9.8 In case of misunderstanding, the User can contact the Owner by e-mail at justin@pulsing.io specifying in the subject of the same that it is a “Report of malfunction or technical problem”.

9.9 Any complaints must also be sent to the e-mail address justin@pulsing.io specifying “Complaint” in the subject. The Data Controller will provide a reply within the (non-mandatory) term of 5 days from receipt of the complaint.

10. User Responsibility

10.1 The User is aware and voluntarily accepts that the use of the service takes place, in any case, under his sole and exclusive responsibility. The User expressly undertakes to adapt the privacy policy and cookie policy of his website in consideration of the use of the Pulsing services. The User, in making use of the services of the Pulsing platform, undertakes and undertakes to fully comply with the obligations deriving from the national legislation – Legislative Decree 30 June 2003 n. 196, coordinated with the text of Legislative Decree 101/2018, and compliance with the obligations deriving from community legislation – GDPR EU Regulation n. 679/2016.

10.2 The User declares not to use legally protected content, in particular by legislation relating to copyright, intellectual property, trademarks and patents.

10.3 The User will be liable for damages and prejudices of any nature that the Owner or third parties may suffer as a result of the infringement of any obligation to which he is subject by virtue of these General Conditions or the law in relation to the use of the service.

10.4 In any case, the Owner reserves the right to cancel, suspend, block or eliminate any activity carried out by the User, if he / she is aware of the fact that illegal activities or information have been put into practice or information that damages property. or rights of third parties.

11. Applicable law and competent court

11.1 Any dispute relating to the application, execution, interpretation and violation of the contract entered into online by the User with the Owner is subject to Italian law.

11.2 For any dispute between the parties relating to the execution or interpretation of the contract, the Court where the Data Controller – Justin Mcgill – has its registered office, with the exclusion of any other Court.