Terms of service

The following page outlines the terms of use for WhatPulse Professional, a service offered by WhatPulse. Our Privacy policy outlines the handling of any personal information collected by WhatPulse.

Before using the services of WhatPulse, you are required to read and accept these terms of service. When creating an account, you confirm that you have read and accepted these terms.

Acceptance of terms

WhatPulse operates and serves the web pages on whatpulse.pro ("Website"). These web pages are accessed by you under the Terms of Service ("Terms"), which may be updated periodically without prior notice. WhatPulse reserves the right to modify or replace these Terms at any time.

Please read these terms carefully before using any of our services. By accessing the website, viewing any content, registering an account, or using any of our services, you are agreeing to be bound by these Terms. These Terms and our Privacy Policy govern the relationship between you and WhatPulse. If you disagree with anything outlined in these documents, you may not continue using the Website or any WhatPulse Professional service.

Description of service

WhatPulse offers services to gather and display computer statistics in a private dashboard. The data collection process remains the same, where statistics are generated by local software and securely transmitted to the private dashboard on the Website.

Services ("Service") include, but are not limited to, any content and/or services WhatPulse makes available to or performs for you, as well as the offering of any extra data analyzing services via paid membership. Content ("Content") includes, but is not limited to statistics, personal information, and software.

Your access to the Website or Services may be interrupted from time to time as a result of equipment failure or malfunction, scheduled updates, maintenance, or any other reason within or outside the control of WhatPulse. WhatPulse reserves the right to suspend or discontinue the availability of the Website and/or any Service and/or remove any Content at any time without prior notice. WhatPulse may also impose limits on certain features and Services or restrict your access to parts of or all of the Website and the Services without notice or liability.

Registration

Account registration and confirmation is required to create a WhatPulse Professional account. During the registration process, you are required to provide accurate, complete, and current information about yourself.

You may not use the following as a username: the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

You are responsible for keeping your password secure and confidential and are solely responsible for all activities resulting from the use of your password and conducted through your WhatPulse Professional account.

External links

The Website may provide, or third parties may provide links to other websites or resources. WhatPulse does not have control over such websites or resources, and you acknowledge and agree that WhatPulse is not responsible for the availability of such external websites or resources. Additionally, WhatPulse does not endorse, nor is it responsible or liable for any content, products, advertising, or any other materials that appear on such websites or resources. You further acknowledge and agree that WhatPulse shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of, or reliance upon, any such goods, services, or content found on such other websites or resources.

Release and indemnify

You expressly and irrevocably release and discharge WhatPulse, its subsidiaries, agents, officers, affiliates, or other partners, and employees from any and all actions, causes of action, suits, liability, debts, proceedings, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can have, for or by reason of, or arising directly or indirectly out of your use of the Website or the Services.

You agree to indemnify and hold WhatPulse, its subsidiaries, agents, officers, affiliates, or other partners, and employees harmless from and against all claims, damages, losses, expenses, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys' fees, resulting from or arising out of a breach of these Terms, Content posted by users to the Website, the use of the Website or Services by you or any person using your WhatPulse Professional account, or any other violation of any rights of a third party.

Limitation of liability

In no event will WhatPulse, its subsidiaries, agents, officers, affiliates, or other partners, and employees be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for any special, incidental, or consequential damages, the cost of procurement of substitute products or services, for interruption of use, or loss or corruption of data, or for any amounts that exceed the fees paid by you to WhatPulse under this agreement during the 12-month period prior to the cause of action. WhatPulse shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Termination

WhatPulse may suspend or terminate your WhatPulse Professional account at any time, without prior notice or liability, with or without cause, effective immediately. Upon termination of your account, your right to use the Website and Services will immediately cease. If you wish to terminate this Agreement or your WhatPulse Professional account, you may simply discontinue using the Website and Services or manually unregister your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination of your account, WhatPulse will automatically remove all Content posted by your account.

Miscellaneous

No partnership, agency, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind WhatPulse in any respect whatsoever. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. WhatPulse shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WhatPulse's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms shall be governed by and construed in accordance with the laws of the Netherlands, as if made within the Netherlands between two residents thereof, and the parties submit to the jurisdiction of Dutch courts. Both parties agree that the Terms are the statement of the mutual understanding between them and that it supersedes and cancels all previous written and oral agreements or communications relating to the subject matter of the Terms, and that all adjustments must be in writing signed by both parties, except as otherwise provided herein.