Terms and Conditions Agreement

1. Introduction

a. OnePulse is the simplest way to share your preferences with companies whilst earning cash or experiences. When you download the OnePulse application (“App”) or use our website, we ask you to agree to these Terms of Service (“Terms”). That way you know what to expect from us and what we can expect in return. If you do not agree to these Terms, you will not be able to use our Services, which include the OnePulse App.

2. Using Our Services

a. By using our Services, you are agreeing to these Terms. Please read them carefully.

b. Sometimes additional terms, requirements (such as age requirements) or policies will apply to different parts of our Services. Where this is the case, we will bring the additional terms, requirements and policies to your attention when you are using those Services and they will become part of these Terms

3. Registration and Account Security

a. Your OnePulse account is unique to you. Treat it carefully and keep it to yourself. You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.

b. You must be at least 16 to use OnePulse.

c. You will not create an account for anyone other than yourself without permission.

d. You may only register one account for yourself.

e. If we disable your account, you will not create another one without our permission.

f. You will not transfer your account to anyone without first getting our written permission.

g. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate.

h. If you learn of any unauthorised use of your password or account, please contact us at [email protected]

i. You must be resident in the UK, United States (US), or Kenya.

j. You must have a full registered and verified UK, US, or Kenya PayPal account. It is your duty to ensure that you comply with PayPal’s Terms of Service. You may only have one verified Paypal account for use on OnePulse.

k. The information you provide to us at all times is true, accurate and correct. If there is any change, you will promptly update the changes in “My profile information” and “Account”.

l. You will not access OnePulse using a proxy server, VPN or any other method designed to mask your IP or anonymize you. OnePulse is proud that it’s users are real people and any of the above access methods diminish the experience of all users. If you use these methods to use OnePulse,we can, at our discretion, ban you from OnePulse.

4. Your Personal Data and Content

a. To customise and optimise your experience on OnePulse, we collect, process and store the personal data you give to OnePulse. Please read our Privacy Policy to see how we use and share it and how you can control it.

b. When you publicly post any content or information through our App or on our site, you grant to us a royalty-free, non-exclusive, transferrable, worldwide right to use any part of your posted information and content in any manner or media now existing or hereafter developed, including the right to publicly display, publicly perform, transmit, stream, broadcast, adapt, modify, edit, translate, decompile, create derivative works, sublicense, assign, commercialise and otherwise exploit without any compensation due to you. This right will end when you delete your content or information from our App or site, except where you have allowed other users to repost your content or information.

5. Your Rights – Pulses and Payment

a. When you download the OnePulse App you are entering into a contract with OnePulse, you agree to receive Pulses from OnePulse and its trusted partners in return for a reward (see 5.2 below). You are not obliged to answer any Pulse and you may choose not to participate at any time. If you wish to stop receiving Pulses, you may uninstall the OnePulse App at any time. You understand that your responses to Pulses can be viewed by our clients and trusted partners. See our Privacy Policy for more information on how we handle your personal data.

b. Each time you respond to a Pulse, you will receive either a credit to your account of a small monetary amount in US dollars ($), inclusive of VAT, and/or experience points (XP). The amount of reward available to you is dependent on the number of experience points that you have previously accrued.

c. You may transfer the monetary amount in your OnePulse account to your PayPal account whenever the total amount reaches a minimum of $20.00. You are responsible for charges such as fees charged by PayPal for any transfer of funds. The amount you take out in any one go is set at $20.00 per month. This is for security reasons, both to protect you and OnePulse should someone unlawfully get hold of your details.

d. In order to transfer the monetary amount in your account to your PayPal account, you will need to register with OnePulse and you will need to provide us with the email address that you use for your PayPal account. You are responsible for registering for a Paypal account if you do not already have one. Please note that OnePulse and PayPal are separate and unrelated companies.

e. If you do not access your account for a period of Six months, we may close your account and any monetary sum or points remaining in your account will be automatically lost and will be irrecoverable.

6. Your Notification Preferences

a. Your Notification Preferences settings allow you to control when you will be notified about a Pulse for which you may be eligible. You can set the preference to all Pulses, only paid Pulses, and no notifications. You profile is important and the more complete it is, the more likely you are to be notified of Pulses you may be eligible for.

7. Other People’s Rights, Information and Content

a. We respect other people’s rights, and expect you to do the same. By rights, we mean copyrights, trade marks, patents and other intellectual property rights. You will not post content or take any action on OnePulse that infringes or violates someone else’s rights or otherwise violates the law.

b. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. Our Services display some content that is not OnePulse’s. This content is the sole responsibility of the entity that makes it available. You must not screen shot and distribute, show or in any other way use this content. You also understand and agree that any information that you learn through a Pulse concerning a business, is confidential and not to be used in any circumstances.

c. If you see something that’s an issue, let us know at email address: [email protected]

8. Our Rights When We Provide our Services

a. We are constantly changing and improving our Services. We may add, remove or change elements of our Services in order to do that. We may also suspend or stop a Service altogether.

b. This may also mean occasionally interrupting our Services, but if we do that we’ll try to make it quick.

c. Branding, trade marks, service marks and logos used in our Services may belong to OnePulse or other persons. You may not use them without our permission or the permission of the owner. Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access.

d. OnePulse gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive licence to use the platform and software provided to you as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by OnePulse in the manner permitted by these terms. You may not use OnePulse for any commercial purposes unless you have our prior written permission. You may not copy, modify, publish, distribute, translate, create derivative works from, sell, lease or exploit in any way any part of our Services or included platform or software. You may not reverse engineer or attempt to extract the source code of that platform or software, unless laws prohibit those restrictions or you have our written permission.

9. Our Obligations

a. If the law requires us to disclose your information to a law enforcement authority or under a court order, we will have to do that.

b. OnePulse cannot and does not monitor content on our Services and cannot guarantee that they are free of illegal material or other content that may be considered unacceptable. When it comes to our notice, we may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. In serious instances of abuse we may also notify the police or relevant law enforcement authority.

10. Our Rules

a. Everyone is welcome to use OnePulse but a few of the things that are not allowed include: spamming, impersonation, bots, hacking, viruses, identity theft, using our Service in a way that adversely affects any other users, or using our service to do anything unlawful, misleading, malicious or discriminatory.

11. If You Break These Terms

a. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we may close or suspend your OnePulse account and stop providing all or part of our Services to you. If this happens, you will lose and points and monetary sums accrued. We may also suspend your OnePulse account if we are investigating suspected misconduct. We will notify you by email or through our in-App messaging. We may also delete your account. In all such cases, our agreement will come to an end.

b. Sometimes we may choose to ignore it if you break one of our Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.

12. Ending the Service

a. You can stop using our Services at any time, although we will be sorry to see you go.

b. In addition to our other rights, we may also stop providing our Services to you or add or create new limits to our Services by giving you 28 days’ written notice.

c. When you close your account, any monetary sum or points remaining in your account will be automatically lost.

13. Changing our Terms

a. We may update our Terms for various reasons, for example, to take into account changes in our Services, the law or to deal with gaps in our Terms.

b. If we need to update our Terms, we will let you know either by posting the change on our website or contacting you. You should look at these Terms regularly. Where we believe that a change is likely to cause you material disadvantage, we will let you know about the change at least 28 days before it happens.

c. However, changes in our Terms relating to new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to any changes, you should discontinue your use of our Services. Refer to Ending the Service below for more information about how to delete your account.

14. Our Responsibility to you when we provide the service

a. We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services. Unfortunately, we cannot guarantee that our Services will never be faulty.

b. We provide the Services “as is”. Other than as expressly set out in these Terms, neither OnePulse nor its suppliers or distributors makes any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs.

c. Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

d. When permitted by law, we have no responsibility to pay you compensation for financial loss, for any information which is lost or corrupted, or for any loss that could not have been reasonably expected. We will not be liable to you for any losses that you may suffer if you have used our Services for business purposes.

e. To the extent permitted by law, the total liability of OnePulse and its suppliers and distributors for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid us to use the Services.

f. We recognise that in some countries, you may have further legal rights as a consumer. If you are using the Services for a personal purpose in such a country, then we will comply with those consumer rights that we cannot exclude by contract.

g. Nothing in these Terms limits or excludes our liability for death or personal injury resulting from our negligence.

15. Matters beyond our reasonable control

a. Sometimes we may not be able to do what we have agreed because of something beyond our reasonable control. This may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by Government or other competent authority, or industrial disputes. There may be other reasons too. In these cases, we do not accept responsibility for not providing you with the Services.

16. Sorting out complaints & Contacting each other

a. If you have a problem or complaint about OnePulse or its users, you may contact us by email at [email protected]

b. When we need to contact you for important or administrative issues, we will use your e-mail address or in-app messaging. If you need to contact us, please use email address: [email protected]

17. Other things we need to tell you

a. We’re based in the UK, and operate under English law. These Terms make up the entire agreement between us about our Services, and supersedes any prior agreements. These Terms and our relationship will be governed by the laws of England. You agree to submit to the exclusive jurisdiction of the English courts.

b. You accept that this agreement for our Services is personal to you and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we think, with good reason, is acting with your permission. We can transfer this agreement for our Services to another company provided this does not adversely affect your rights under the agreement.

c. After these Terms come to an end, the provisions of this agreement, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our site.

d. No third party is entitled to enforce any term under this agreement under the Contracts (Rights of Third Parties) Act 1999.

e. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

18. What it means

a. “Service” or “Services” means the products and services provided by OnePulse, including the OnePulse App, the OnePulse website and any other online or offline products and services.

b. Date of Last Revision: 16th May 2018

19. Company Information

a. OnePulse is a trademark of StartPulsing Limited, whose registered address is: 1st Floor

143-149 Fenchurch Street, London, England EC3M 6BL

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