The information, contents, documents, services and products provided by Pulse Solution S.A on this website or through third party application stores are subject to the following General Terms and Conditions of Sale and Use. By connecting to this site you accept the General Terms and Conditions as stated herein. Pulse Solution S.A reserves the right to change these General Terms and Conditions at any time and without notice.
The General Terms and Conditions of Sale described below (hereinafter the "General Terms and Conditions") govern the contractual agreement between any user of the site Pulse Solution SA (hereinafter a “Customer”, "User" or "You") and Pulse Solution S.A Service and Software applications. Pulse Solution S.A is a Swiss Limited Incorporation with a share capital of 100’000 CHF (Swiss Francs) whose registered office is located at c/o Batard Partners, Route des Jeunes 4, 1227 Les Acaccias, Geneva 1, Switzerland and which is registered at Geneva Trade Register under the Federal Number CHE-114.311.346. Pulse Solution S.A is an established provider of Software-as-a-Service (SaaS) Customer Experience Management (CEM), and Enterprise Feedback Management (EFM) platforms for hotels, restaurants, leisure industry, retails business and business-to-business. The list and the description of the service and software applications proposed by Pulse Solution S.A can be consulted on the Website and third party App stores (e.g. the Google Play™ and/or the Apple App store).
Only these General Terms and Conditions of Sale are applicable and they replace any other terms and conditions unless prior, express, written exemption has been granted. Pulse Solution S.A reserves the right to amend the provisions of these General Terms and Conditions. Therefore user of the website Pulse Solution SA (hereinafter the “Website”) are advised to read the General Terms and Conditions before each visit. Such amendments are binding as from the time they are placed online, and cannot be applied to contracts concluded previously.
All orders made from the Website are governed by the General Terms and Conditions applicable on the date of the order. By accessing or using the service and placing an order through the Pulse Solution S.A website, you agree that you are at least 18 years old; that you are an authorized representative of a business entity or a similar organization with the authority to bin such entity and any of its users.
We consider that when you validate your order, either by clicking a box indicating your acceptance, by using the Pulse Solution S.A services, or by executing an order form, or by signing a master services agreement, you agree, have read and accept without reservation our General Terms and Conditions of Sale. If you register for a free trial of our service and software products, this agreement will also govern that free trial.
The Pulse Solution S.A software applications “INSTANT Insight” and/or ‘Anytime Feedback” are available as free downloadable versions on third party App stores (e.g. the Google Play™ and/or the Apple App store) or via direct download (APK files), allow you to acquire direct customer feedback via our On-Site survey system, receive alert notifications and to access analytical reports. The Pulse Solution S.A service designates the plan subscribed to access the online portal with its analytical reports and data collected via the software applications. By downloading and/or using Pulse Solution S.A services and software applications and/or accessing the Website, you agree to be bound by the General Terms and Conditions.
Orders are processed exclusively over the internet, on the Pulse Solution SA Website. To use the Pulse Solution S.A service and activate the software applications, the customer must first register on the Pulse Solution SA Website to create a “customer account”. The software applications sold by Pulse Solution S.A on its Website are available by download on third party App Stores (e.g. the Google Play™ and/or the Apple App store) or via direct download (APK files).
The customer selects a paid version of the service on the Website and a run-time. Pulse-Solution S.A offers both monthly and annual billing. After the version of the software and the run-time has been selected a new window opens, in which appear the various payment options. The billing depends of which run-time was selected and will be renewed automatically at the end of each month or at the end of each year to the payment method you provided, until cancelled.
Please note that Pulse Solution S.A does not provide refunds to business customers for its service and software applications.
You are able to upgrade, downgrade or cancel your account at any time from your setting page. The downgrade or the cancellation of your plan will take effect at the end of your current billing cycle period (monthly or annual). You must cancel your subscription before its renewal in order to avoid billing of the next subscription fee’s period. For the downgrade, the data will be transferred to your new selected plan but you may not be entitled anymore to various survey features or option in accordance with our plan models and the amount of licenses may not be sufficient anymore to connect with the amount of devices in place (e.g. applicable to “INSTANT Insight” software application). The upgrade will take effect immediately. You may get a prorated credit depending on the number of the number of days left till the end of the current cycle. We will apply a pro-rated fee (if any) to your upgraded account and charge your credit card for the difference. You can upgrade from a monthly plan to an annual plan. You cannot downgrade back from an annual plan to the monthly plan level.
Your billing cycle is considered the day you purchase or upgrade your account - to the same day next month. If you upgrade for example on November 23rd, on the monthly subscription, then your billing would be the 23rd of each subsequent month.
Prices listed on the Website and/or defined and communicated through your invoice payment terms are valid at the time an order is placed. We may change or modify prices prospectively in our discretion and these changes may be effective only at the end of the automatic current billing cycle of your subscription. If you are a current paying customer of the Services, Pulse Solution S.A will inform you with reasonable prior written notice of any changes occurring in prices. If you do not agree to the change, you may cancel your subscription via your customer account setting on the Pulse Solution S.A website. A one-time set-up fee may be applied and refer to a one-time cost to create and set-up a new customer account.
We accept online payment via Bank Transfer, Visa, Master Card, and other credit or debit cards. Payment is made via a secure server of our partner Stripe, in complete security and confidentiality. More information on the security policy of Stripe and PCI compliance can be found here https://stripe.com/de-ch/privacy. By using our services and software applications, you agree to provide Stripe a valid credit card (Visa, Master Card, and other credit or debit cards accepted by us) and also agree to Stripe’s Terms of Service located here https://stripe.com/de-ch/legal.
The time required for payment approval varies, depending on the payment method employed. Pulse Solution S.A may under no circumstances be held responsible for the time required for payment approval. The account and the service will be activated immediately after your card is charged.
When a software application and service of Pulse Solution S.A is ordered, you may gain access and use the software applications “INSTANT Insight” and/or ‘Anytime Feedback” (downloadable on the third party App stores (e.g. the Google Play™ and/or the Apple App store)) or via direct download (APK files) and the service you have purchased via the website by logging in to the Pulse Solution S.A Service with your customer username and password. You will receive automatically by e-mail the credentials needed to connect the software application from your tablet device. The access and use of the service will be available during the Subscription Term Period purchased. The service and software applications access is provided on a continual basis, except during periods of maintenance and repair, and during server upgrades and exceptional interruptions.
Any free trial or other promotions that give access to the Pulse Solution S.A service and software applications must be used within the specified amount of time allocated. At the end of the free trial, the use of the Pulse Solution S.A service and software applications will be terminated unless you subscribe to a paid version.
Tablet devices for running the software application “INSTANT Insight” must be purchased separately and are not included in any Subscription plan. Based tablet apps require an active internet connection, and may incur data charges with Your wireless carrier, including roaming charges where applicable. To use and enjoy our software application, your tablet device must meet certain system requirements. These requirements can be found on the Pulse Solution S.A Website or on the third party App Stores (e.g. the Google Play™ and/or the Apple App store).
In the unlikely event that you cannot activate the service or the software applications, please contact us rapidly by e-mail at firstname.lastname@example.org or at the phone number indicated on the website Pulse Solution SA, indicating your name, order date, and order number if available.
All contractual information is in English and receives subsequent confirmation. Pulse Solution S.A reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning payment for a previous order.
By registering on the Website of Pulse Solution S.A you agree to provide us with truthful, accurate personal data (such as name, contact information, or other information). You are responsible for maintaining the confidentiality of your password and other private account information. Any missing information shall result in the cancellation of your order. The information that you provide is essential for the treatment and processing of orders, invoices, and guarantees. This information will be processed in accordance with, and will comply with the applicable data privacy laws.
The willful provision of inaccurate or misleading information conflicts with the General Terms and Conditions and the Terms and Conditions of Use that may be found on the Website and we reserve the right, in our sole discretion, to cancel or refuse registration of any user name we believe violates these Terms.
You have the permanent right to access, correct, amend, and delete (which will results in your account cancellation right) all personal data, in accordance with the applicable data privacy laws. You may exercise this right by sending us a letter at the following address: Pulse Solution S.A, c/o Batard Partners, Route des Jeunes 4, 1227 Les Acaccias, Geneva, Switzerland, or writing us at email@example.com.
In no event may Pulse Solution S.A its affiliates’ employees, contractors, directors, suppliers and representatives be held responsible for losses—direct, indirect, accidental, special, incidental, or consequential—including losses for revenue shortfall or for the loss or inaccuracy of data incurred by any person from the use of the software, if that person has been informed of the possibility of such damage. Although we endeavor to correct all errors and omissions as soon as they are brought to our attention, we cannot guarantee that our software packages shall always be available and perfectly operational, or that the information provided by any Pulse Solution S.A intermediary shall be entirely exempt from errors and omissions. You should take precautions against data loss. Because data loss may arise from software installation or modification, you should ensure that data is protected by all means possible. The customer bears sole responsibility for the use made of Pulse Solution S.A programs and may not hold the Pulse Solution S.A Company, its affiliates’ employees, contractors, directors, suppliers, preferred partners and representatives liable for any claim or procedure brought against it.
The services and software applications provided hereunder shall be limited to termination of this agreement and monetary damages that in the aggregate may not exceed the total amount actually payable or paid to Pulse Solution S.A by Customer under this agreement during the twelve (12) months prior to its termination.
The customer is not authorized to grant or transfer the rights and obligations relating to this agreement. Pulse Solution S.A products may not be sold or leased; sublicenses may neither be distributed nor modified. Under no circumstances may Pulse Solution S.A products by used to create and/or modify:
Pulse Solution S.A reserves the right, without liability to the customer, to disable the customer’s access to any material that breaches the provisions of this article.
We aim to provide you with an excellent customer user experience. If you have any issue or concerns, we encourage you to bring this to our attention first by contacting us to firstname.lastname@example.org or email@example.com and we will try to resolve any issues you may have encountered. This agreement was prepared and written in English. In the event of dispute, Swiss courts shall have jurisdiction.
The service and software application of Pulse Solution S.A is protected by international regulations and treaties governing copyright and intellectual property. The use of the service and software applications shall under no circumstances entail the loss of rights governing reproduction, representation, operation, and generally all intangible rights recognized or to be recognized that contributed to the creation of the programs.
Pulse Solution S.A constantly improves its Services and software applications, and reserves the right, without notice, to modify its service and software application, change versions, and to modify functions, specifications, possibilities, and any other features of the service and software applications.
If you continue to use the service and software applications after any such changes, with or without notice, we consider that you have consented to them.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these General Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control. Nevertheless, we will do our maximum to provide you a software application and a Service access provided on a continual basis, except during periods of maintenance and repair, and during server upgrades and exceptional interruptions.
You are responsible for all of your activity in connection with the Service, software application and shall defend, indemnify, and hold harmless Pulse Solution S.A and each of its affiliates’ employees, contractors, directors, suppliers, preferred partners and representatives from all liabilities, damages, losses, settlements, claims, actions, demands, costs and expenses, including attorneys’ fees, that arise from or relate to your use or misuse of the Website, Service, Software Applications, Content or violations of these General Terms and Conditions.
By reading and, or by clicking this button, you understand and agree to our General Terms and Condition of Sale.
Updated: July 15, 2019