LAST UPDATED: 09/26/2018
You indicate that you agree to these Terms by clicking or pressing a button indicating your acceptance; as well as when registering in the system; or by signing a document that refers to this Term or, further, by using the Services as a user.
If Pulses is used on behalf of an organization, you agree to these Terms, taking responsibility on behalf of the organization and declare that you have authority to do so. In that case, the pronouns " you " and " your/his/her " will refer to that organization.
(A) Pulses: Online tool for measuring corporate data related to everything that involves the employee and his / her work environment, with the objective of providing numerical inputs and feedbacks to the managers of the organization.
(B) Client : Legal Entity of Private Law that will contract the system, receiving the results calculated and that will cede users to the research to be performed.
(C) Account manager : Person designated by the client to feed the database and receive the results obtained, keeping all information updated and legally responding by the client.
(D) User : Person designated by the company to answer the questions, which will be part of the information cleared, for the preparation of the report object of this tool.
(E) Research instrument : set of questions and possible answers that make up the research itself, and may be the standard Pulses instrument or a custom instrument created by the Account Manager.
1. Fees and Payments
1.1. Service Fees. You agree to pay Pulses any fees for each Service you purchase or use, whether in a single installment or in periodic installments, in accordance with the pricing and payment terms submitted to you for that Service, as set out in ATTACHMENT I or in our website. When applicable, your billing will be done according to the method you have selected on your administration page, or at the time of signing this Term . The fees you pay are not refundable except as otherwise provided in these Terms or when required by law.
1.2. Taxes. Unless otherwise stated, you are responsible for any taxes (other than those of Pulses ) or charges associated with the sale of the Services, including any fines or related interest (collectively, the " Taxes ") .
1.3. Price Changes. The amounts charged by the Services may be changed at any time, provided that for Services charged based on contracting already consolidated and of a periodic nature, the change will take effect only in the case of renewal or contracting of new services , or in a period of not less than one year of use. Pulses will send a prior notice to the email registered as account manager, at least 15 (fifteen) days in advance, to inform you of any changes in prices, in order to allow the customer to cancel their services before the change between in force.
2.2. Confidentiality. Pulses treats your Content as confidential information and will only use and disclose it in accordance with these Terms. However, your Content will not be considered confidential information if: (a) is or becomes public (other than through breach of these Terms by Pulses ); (b) if legally reached Pulses prior to being received from you; (c) if received by Pulses from third parties, without knowledge of any breach of any obligation assumed with you; or (d) if independently developed by Pulses , without reference to your Content.
2.3. The answers provided by the users to the standard search tools Pulses or instruments customized by the account manager will be used to compile reports to be delivered to the account manager and are the sole guard of Pulses whereby the manager cannot request to have direct access any response, individual or collective, from people to which the search tools are directed. Such data is encrypted in our database, being impossible to identify who answered the questions.
3. Your Content
3.1. You are the owner of your content . You hold all of your intellectual property rights over your content. Pulses does not claim ownership of any of yout contents. These Terms do not grant us any license or right to your Content, except the limited rights necessary for us to provide the Services, and as described in these Terms.
3.2. Limited License to your Content. By accepting the terms, you grant to Pulses a free and global license to use, reproduce, distribute, alter, adapt, create derivative works, make publicity available and otherwise exploit your Content, but solely for the limited purposes to provide the Services and, as otherwise permitted by Pulses' privacy policies . This license for limited purposes remains valid even after the client ceases to use the Services, authorizing, right away, that the information is stored in our database, and anonymity is guaranteed.
3.3. Presence in client list. Pulses can identify you (name and logo) as a client Pulses on our website and in other advertisement materials.
4. Intellectual Property
4.1. Pulses ‘Intellectual Property. Neither these Terms nor the use of the Services warrant to you the ownership of the Services or the content accessed through our products (other than your Content).Except as permitted by this term, there is no grant of any right to use the trademarks or other distinctive features of Pulses , as well as the content sent to users and the tool used for their purpose.
4.2. Copyright claims. Pulses responds to notices of alleged copyright infringement whenever triggered. If you believe that your work has been exploited by any of our customers to constitute copyright infringement, you may notify Pulses of copyright infringement through our service channels.
4.3. Other claims of Intellectual Property. Pulses respects the intellectual property rights of third parties and we expect our users to do the same. If you believe that a Pulses user is violating your intellectual property rights, you may report it through our service channels. If the violation is proven, Pulses may suspend the services of the users involved, as well as cooperate with the law to provide the necessary information to determine the violation.
5. User Content
5.1. User Content. The Services use content provided by the Client for its operation, through the account manager, and the truthfulness, ownership and integrity is not of Pulses’ responsibility. Such content is the sole responsibility of the entity that makes it available.
5.2. Content analysis. You acknowledge that in order to ensure compliance with legal obligations, Pulses may analyze certain content submitted to the Services in order to determine if they are illegal or infringe these Terms (as in the case of reporting illegal content to us).
5.3. Third Party Links. Pulses may publish in its Services links to access websites maintained by third parties to better perform the work, when deemed necessary, and the Client is aware of this situation.
5.4 Customized search tools . The questions and answer options created by users in the search customization module are not of Pulses’ Responsability. In the case of occasional replication of research instruments belonging to third parties, in part or in full, the user will be legally liable for copyright infringement resulting from the inappropriate use of these search tools.
6. Account Management
6.1. Keep your Password Safe. Pulses is isent to any outside interference there is in your account, since we do not have access to your password - which is stored in encrypted form in our database and immune to the actions of third parties - there is therefore no possibility to change the information, except by the person who registered the password or who has access to it due to Customer's interests, and disclosing the password is the sole responsibility of the Client.
6.2. Keep Your Data Right. Occasionally, Pulses sends notifications to the registered email address as the account manager, to confirm the registered data. You must maintain your email address and, where applicable, your contact information and the payment information associated with your account that is current and accurate.
6.3. Account Inactivity. Pulses may terminate your account and delete any content contained therein if there is no activity therein (such as log in) for more than 12 months. In case of non-payment, the service will be suspended after a period of 15 (fifteen) days of expiration, and Pulses will notify you by email before closing your account to allow you to log in to keep it active, or discharge any existing debt.
6.4 Customer Success. Pulses can assign you a customer success analyst. The analyst may review your use of the Services and your Content for the sole purpose of helping you to use the Services more effectively, including providing information on reports and best use.
7. User Requirements
7.1. Permission to use. The Client may only contract the service if it is a legal entity under private law, with valid corporate e-mail and compatible with the company informed in the register, and valid contact cell phone, being prohibited the hiring by natural persons. The use of fake emails or the use of third-party emails that is not in your possession will result in the immediate suspension of access to services. In addition, the users should be individuals, linked to the larger and more capable staff of the Client, and if they are less than 18 (eighteen) and greater than 16 (sixteen) years old, they must be assisted by their legal representative , being prohibited the participation of minors apprentices under 16 years old. Pulses is not responsible for any breach of this clause, being the sole and exclusive responsibility of the Customer. Failure to comply with this clause will result in blocking access to the account.
8. Acceptable Uses
8.1. Legal Compliance. You must use the Services solely in compliance with and only on terms that are applicable according to law.
8.2. Your Responsibilities. You are responsible for your conduct, your Content and your communications with others while using the Services. When using the Services, you must comply with the following requirements:
(A) The customer may not misuse our Services, interfering with its normal operation or attempting to access it by any method other than the interfaces and instructions we provide.
(B) You may not evade or attempt to circumvent any limitation imposed on your account by Pulses (such as opening a new account to conduct a search we have terminated for violation of the Terms, for example).
(C) Unless authorized in writing by Pulses , you may not investigate, scan or test the vulnerability of any of our systems or networks.
(D) You may not use the Services to infringe on the intellectual property rights of others or to engage in illicit activities.
(E) The customer may not resell or lease the Services.
9. Suspension and Closing of Services
9.1. By the client. If the customer terminates a Subscription in the middle of a billing cycle, there will be no refund for the period of time in which you do not use the Services in that billing cycle unless the termination of the Agreement is due to a Pulses liability and that the client has notified us of this in writing, or, in addition, in cases where reimbursement is required by law.
9.2. By Pulses . Pulses may limit, suspend or discontinue the Services to you if the customer does not comply with these Terms (such as failing to pay monthly installments or installments on the due date), or if you use the Services in a manner that entails, to Pulses , legal responsibility not foreseen in the contract or, also, to interfere in the use of the Services by third parties, including when it is a mere suspicion, occasion in which the service will be temporarily suspended for investigation and collection of information and justifications, in the latter case, the charge will also be suspended.
10. Changes and Updates
10.1. Changes ine the Terms. Pulses may change these Terms at any time and for any reason, pre-existing or future, as long as it is necessary for the maintenance of the services, or to reflect changes in applicable law or updates to the Services, or to incorporate new Services or features. Any changes will be made to the place where those terms appear in our web interface. Pulses will notify Customers of such changes on their official website and by e-mail to the Account Manager. The changes will only take effect on the day they are publicly announced. If Customer does not agree to any changes made in the terms, you must request the suspension of the service, as you continue to use this Service, you express your agreement to be bound by the updated terms.
10.2. Changes in services. Pulses changes and constantly improves the Services. Pulses may add, change or remove features of a Service at any time without notice. Pulses may also limit, suspend or discontinue a Service at its discretion. If Pulses discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service, or we will make a copy for you under your express authorization. If you decide not to continue using Pulses as a result of suspending the functionality of a Service, Pulses will reimburse you for future periods of use (in the case of signatures of long periods paid in cash, for example) already paid in advance by you.
10.3. Downgrades. Downgrading your plan may cause loss of content, features, functionality, or capability of your account.
11. Specific Terms
11.1. Using the API. You may access your Pulses account data through the application programming interface ("API") and Pulses grants you a non-exclusive, non-transferable license (without the right to sublicense) to use the API only as necessary to develop , test and operate, and support your integrations with internal systems ("Applications") . Any use of the API, including use of the API through a third party product or service accessing Pulses , is bound by these Terms, in addition to the following specific items:
(a) Abuse of the API or excessively frequent requests to Pulses through the API may result in the temporary or permanent suspension of your access to the API. Pulses, in its sole discretion, determines whether its use constitutes abuse or excessive use of the API. Pulses will try to warn the account owner by email before the suspension. While Pulses strives to have the API available without interruption, Pulses can not guarantee uptime for the API.
(b) You agree not to use the API in any way that is unlawful or harmful to Pulses , its service providers, its end users or any other person.
(c) Pulses may modify, restrict or discontinue, at any time, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
(d) You agree to assist Pulses , at its request, to verify compliance with these Terms by providing us with information about your Application, including providing access to and / or other materials relating to your use of the API.
(e) The API is currently provided for free, but Pulses reserves the right to charge for the use of the API in the future. If Pulses charges a fee for using the API, you will have no obligation to continue using it.
12 . Final Provisions.
1 2 .1. The Code of Consumer Protection (Law 8.078 / 90), as well as the Internet Civil Registry (Law 12.965 / 14) and the Civil Code (Law 10406/02) apply,
1 2 .2. Customer will indemnify and hold Pulses , its officers, agents and employees harmless from and against all liabilities, damages and costs (including reasonable settlement costs and reasonable attorneys' fees) arising out of a claim of a third party relating to the use of the Services or infringement of these Terms.