Important

Please read these Terms of Use carefully before using the services offered by 3Pulse Oy company (“3Pulse”, “we”, “us” or “our”) registered in Finland. These Terms of Use therefore constitute an agreement between you and 3Pulse Oy company. These terms of use set forth the legally binding terms and conditions for your use (as “User(s)”) of the website at https://3pulse.com (the “Platform”) and the services, features, content, applications or widgets offered by 3Pulse (collectively with the platform, the “Service”) and premium membership accounts (“Premium Accounts”).

Acceptance of Terms

BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.

Modification of Terms

3Pulse reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, 3Pulse will notify you by posting an announcement on the Site. What constitutes a material change will be determined at 3Pulse’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content constitutes your acceptance of the Terms as modified.


In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.


Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. 3Pulse reserves the right to suspend or discontinue the availability of the Site, any Service, and to remove any Visual Content at any time at its sole discretion and without prior notice. 3Pulse may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site.

Access

Subject to these Terms of Use, 3Pulse may offer to provide the Services, as described in more detail on the Platform, and which are selected by you as User.

Registration and Eligibility

You may browse the Platform and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register and become a User with 3Pulse and represent, warrant and covenant that you provide 3Pulse with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your 3Pulse account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.

You shall not:

  • create any account for anyone other than yourself without such person's permission;
  • use a User Name that is the name of another person with the intent to impersonate that person; use a User Name or 3Pulse account that is subject to any rights of a person other than you without appropriate authorization;or
  • use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

3Pulse reserves the right to refuse registration of, or cancel a User Name, or transfer ownership of a User Name in its sole discretion. Users are solely responsible and liable for activity that occurs on their account and shall be responsible for maintaining the confidentiality of their 3Pulse password. You shall never use another User's account without such other User's prior express permission. You will immediately notify 3Pulse in writing of any unauthorized use of your account, or other account related security breach of which you are aware.


You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 16 years old. 3Pulse may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. If the Terms of Use or use of the Service is prohibited by any laws, rules or regulations applicable to you, you agree not to use or access the Platform or Services in any way.


You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Service.

Your Content

For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, posts, comments, information, data, text, photographs, software, scripts, graphics, photo albums, and interactive features generated, provided, or otherwise made accessible by 3Pulse on or through the Service. All Content, whether publicly posted or privately transmitted, must be the sole intellectual property of the person who posts or transmits such Content. 3Pulse cannot guarantee the authenticity of any Content or data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.


You retain the intellectual property rights relating to the Content you make available through the Service. You acknowledge and accept that by making the Content available through the Service, you automatically and free of charge grant 3Pulse an unlimited, worldwide, irrevocable, sublicensable and transferable license to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works, display and otherwise use all or part of the Content, by any and all means, in the context of providing the Service and/or our business activities, and within the limits of the privacy settings you have chosen for your content. This means that if you set certain Content to be available publicly, 3Pulse may use such 3Pulse in connection with the Platform, Service and 3Pulse’ business as 3Pulse may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into our travel guides, marketing materials, advertisements and other works, creating derivative works from it, promoting it, and distributing it.


You also hereby do and shall grant each other User you have authorized to access your Content a non-exclusive license to access your Content through the Platform and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, create and order a photo album of, display and perform such Content in connection with their use of the Platform and Service, in order for each other user to be able to (normally) use the Platform and Service. You understand that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such Content originated; that 3pulse will not be liable for any errors or omissions in any Content; and that 3Pulse cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service.


User represents and warrants that it has all rights to grant the licenses as laid down in article of these Terms of Use, without infringing or violating any third party rights, including but limited to, any privacy rights, publicity rights, intellectual property rights or any other proprietary rights. User indemnifies 3Pulse against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the Content.


When you delete your Content, it will be removed from the Service. However, you understand that any removed Content may persist in backup copies for a reasonable period (but following removal will not be shared with others) or may remain with Users who have previously accessed and downloaded your Content.

Other Content

The Service contains Content specifically provided by 3Pulse or its partners and such Content is protected by intellectual property rights and associated rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow (“Intellectual Property Rights”). You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms of Use, 3Pulse grants each User of the Platform and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from 3Pulse, or from the Intellectual Property Right holder, as applicable.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by 3Pulse in its sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • involves commercial activities (whether or not for profit) and/or sales without 3’Pulses prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of 3Pulse or any third party;
  • impersonates any person or entity, including any employee or representative of 3Pulse;
  • includes anyone's identification documents or sensitive financial information; or
  • breaches any 3Pulse policy or rules incorporated therein.

You shall not (directly or indirectly):

  • sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right;
  • take any action that imposes or may impose (as determined by 3Pulse in its sole discretion) an unreasonable or disproportionately large load on 3Pulse’s (or its third party providers') infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures 3Pulse may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • run any form of auto-responder or "spam" on the Service;
  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Platform;
  • harvest, scrape, copy or mirror any Content from the Service;
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or 3Pulse Content (other than your own Content), except as expressly authorized by 3Pulse;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • otherwise take any action in violation of 3Pulse’s guidelines and policies.

3Pulse does not guarantee that any Content (as defined above) will be made available on the Platform or through the Service. 3Pulse has no obligation to monitor the Platform, Service or Content.


However, 3Pulse reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if 3Pulse is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any Content from the Service.

3Pulse' access to your information

3Pulse reserves the right to access, read, preserve, and disclose any information as 3Pulse reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of 3Pulse, its users and the public.

Premium Account Services

3Pulse provides premium services to holders of its paid Premium Accounts. To register for a Premium Account, you must be at least 18 years of age and have a valid 3Pulse account. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to Premium Account holders:


1) Services available to Premium Account holders are described on the upgrade page. Premium Accounts are available on an annual/monthly or lifetime membership basis.


2) 3Pulse may modify, suspend, or discontinue the Services provided to Premium Account holders at any time at its sole discretion and without prior notice or providing any refund for any fees paid for Premium Accounts.


3) 3Pulse provides new Premium Account holders without a free trial period.


4) You can cancel auto-renewals at any time on your account settings page. You will have access to your membership until the Premium Account expiry date. After that date you will be downgraded to a free membership. Refunds are eligible for memberships within 7 days of the initial purchase. After 7 days, all memberships are non-refundable.


5) We do not provide refunds on monthly subscription payments. Once you cancel your monthly payment, you will maintain access to your upgraded features for 7 days after your final payment has cleared.

Feedback and Unsolicited Idea Submission Policy

3Pulse welcomes your feedback regarding 3Pulse’ existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at support@3pulse.com. Any feedback you provide to 3Pulse or any of its employees shall be deemed to be non-confidential.


3Pulse shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.

Third Party Sites and Services

The Service may permit Users to link to other websites, apps, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party websites, you do so at your own risk. These other websites are not under 3Pulse’s control, and you acknowledge that 3Pulse is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by 3Pulse or any association with its operators. You further acknowledge and agree that 3Pulse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. This includes downloading the Platform from third party application stores (e.g., Apple App Store and Google Play Store) authorized by 3Pulse

Conditions of sale

Encryption at Rest


To order any 3Pulse or other products, Users must be at least eighteen (18) years of age or the applicable age of majority in their jurisdiction. If you pay by means of credit card, your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before 3Pulse invoices the credit card for all amounts due and payable. By providing 3Pulse with your credit card number and associated payment information, you agree that 3Pulse is authorized to immediately invoice your account for all fees and charges due and payable to 3Pulse as a result of your purchase of a Premium Account or other products. You agree to immediately notify 3Pulse of any change in the credit card used for payment hereunder or in any associated information.


Fees and Charges


You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice. 3Pulse may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as 3Pulse has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.


Disputes


You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address: Finland, 21200, Raisio, Kirkkoväärtinkuja 7 D 38, or via email at support@3pulse.com


Returns


All sales are subject to 3Pulse’s then-current return policies.


Orders and Specifications


To place an order you will need to follow the order procedure set out on the site. Details of the price payable in respect of any product and the procedure for payment are displayed on the site. All products are offered for sale subject to availability and subject to our acceptance of your order.


The order confirmation will contain details of your order, the price and an estimate of the delivery time for the order. It is your responsibility to contact us and notify us of any error or mistake with the order as soon as reasonably practicable. Failure to do so may lead to the incorrect order being sent out to you. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time. We endeavour to display and describe as accurately as possible the printed colours on the products which appear on our site, but we cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone. We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.

Termination

3Pulse may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Platform. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. 3PULSE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 3PULSE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.

Indemnification

You shall defend, indemnify, and hold harmless 3Pulse, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Platform, Service, Content or otherwise from your Content, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any Intellectual Property Right or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of 3Pulse). 3Pulse reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with 3Pulse in asserting any available defenses.

Liability

3Pulse’s liability, whether based upon (attributable) default, unlawful act or any other ground, is excluded.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and 3Pulse agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of The Georgians. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Court in Tbilisi to which the Parties irrevocably submit.

Integration and Severability

These Terms of Use are the entire agreement between you and 3Pulse with respect to the Service and use of the Platform, Service and Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and 3Pulse with respect to the Platform. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.


Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, 3Pulse must provide you with written notice of such waiver through one of its authorized representatives.

Miscellaneous

3Pulse shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 3Pulse its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with 3Pulse’ prior written consent. 3Pulse may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact

You may contact 3Pulse at the following address: Finland, 21200, Raisio, Kirkkoväärtinkuja 7 D 38. 3Pulse Oy company is registered with number 3384511-4.

Last updated: August 28th, 2023