Terms and condition
Last Updated: November 2025
1. ACCEPTANCE OF TERMS
1.1. Agreement
These Terms of Service (these Terms) together with our Risk Disclosure Policy, Privacy Policy, Cookie Policy, and any additional terms specific to certain services, constitute a binding legal agreement between you and Pulse World (hereafter "Pulse") (collectively, the Agreements, each or any of them, an Agreement). The Agreements govern your access to, and use of our website https://app.pulseworld.com/ or, any of our associated websites, application programming interfaces, mobile applications or other related services or applications (collectively, the Platform) and any contents, information and materials provided by Pulse and/or Users and contained in or appeared on the Platform, including without limitation, logos, trademarks, icons, service names, slogans, meta tags, software, Items, NFTs, text, links, files, graphics, photos, pictures, videos, designs, data, sound files, music, integrations, features, functionalities, or other materials of any kind, whether publicly posted or privately transmitted on or through the Platform (collectively, the Content).
As used in these Terms, "User", "you" and "your" refers to you, being the person accessing the Platform and/or Services; "we", "us", "our", "ours" and "ourselves" refer to Pulse.
1.2. Modifications to the Terms
We reserve the right to modify these Terms at any time at our sole discretion. Material changes will be communicated through prominent notice on the Platform or via email to your registered address. Continued use of the Services following notice of changes constitutes acceptance of the modified Terms. If you disagree with any changes, you must discontinue use of the Services.
1.3. Additional Terms
Certain Services may be subject to additional terms and conditions, which will be presented to you when you access such Services. Those additional terms are incorporated by reference into these Terms and, in case of conflict, will control with respect to the specific Service.
2. DEFINITIONS
Account means your registered account on the Platform that grants access to the Services.
Applicable Law means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to the Agreements), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority.
Blockchain means the distributed ledger technology on which NFTs and smart contracts are deployed and maintained.
Company, Pulse, we, us, or our means Filtrolabs Software Ltd, a limited liability company incorporated in the British Virgin Islands, with company registration number 2186235 and having its registered office at P.O. Box 3175, Road Town, Tortola, British Virgin Islands and its affiliates, subsidiaries, and assigns.
Intellectual Property Rights means all intellectual property rights worldwide, including without limitation, copyrights, trademarks, trade secrets, patents, moral rights, privacy rights, publicity rights, and any other proprietary rights.
Items means, collectively, (a) any audio or visual material, including without limitation, designs, drawings, prints, videos, photographs, music or other artwork in any form or media; and (b) any other asset, experience or entitlement that exists within the Platform, including, without limitation, digital wearables, in-game objects, event tickets, virtual room or venue access rights, virtual real-estate parcels or analogous assets, in each case capable of being Minted as an NFT by a User on a Blockchain.
KYC means Know Your Customer verification procedures as required by Applicable Law and these Terms.
Licence Terms means the terms of the licence associated with an NFT granted to the owner of that NFT.
Mint or Minting means the creation and deployment of NFTs on a Blockchain.
NFT means a unique non-fungible token generated from Items Minted by the Creator.
Restricted Jurisdiction means: Afghanistan, American Samoa, Belarus, Central African Republic, China, Congo, Cote d'Ivoire/Ivory Coast, Cuba, Democratic People's Republic of Korea (North Korea), Democratic Republic of the Congo, Haiti, Iran, Iraq, Lebanon, Liberia, Libya, Mali, Mozambique, Myanmar, Nicaragua, Northern Mariana Islands, Puerto Rico, Russia, Somalia, South Sudan, Sudan, Syria, U.S. Virgin Islands, Ukraine (the territories of Crimea, Donetsk and Luhansk), United States Minor Outlying Islands, USA, Venezuela, Yemen, Zimbabwe (as may be updated from time to time).
Services means all features, functionalities, and services made available by Pulse through the Platform.
XPL means the native utility token of the Platform issued by Pulse, deployed on the Binance Smart Chain (BSC) network at contract address: https://bscscan.com/address/0xf84dD1aC34C0043d109f6600f98302CdD3e5A6eb.
Web3 Wallet means a crypto-asset wallet that enables interaction with blockchain networks and smart contracts.
3. ELIGIBILITY AND ACCOUNT REQUIREMENTS
3.1. Age and Legal Capacity Requirements
You must be at least eighteen (18) years of age to create an Account or use the Services. We do not knowingly collect personal information from individuals under eighteen years of age.
3.2. Geographic Restrictions
We may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from Restricted Jurisdictions. Pulse World reserves the right to update the list of Restricted Jurisdictions at its discretion without prior notice. You are prohibited from accessing or using the Services if you are located in, or a citizen or resident of Restricted Jurisdictions, any jurisdiction where the Services would be illegal or prohibited under Applicable Law, any jurisdiction subject to comprehensive economic sanctions by the United States, European Union, or United Kingdom.
3.3. Mandatory KYC Verification
3.3.1. All Users must complete full KYC verification to the satisfaction of Pulse before accessing the Services. You agree to provide updated KYC information upon request and acknowledge that failure to maintain current KYC status may result in immediate Account suspension or termination. We may conduct periodic re-verification as required by Applicable Law or our risk management policies.
3.3.2. The Company will use reasonable efforts to complete the KYC verification process within 30 days from the date on which the User submits all required information and documentation. The User acknowledges and agrees that this timeframe is indicative only and may vary depending on the volume of applications and the complexity of the verification process. The Company shall not be liable for any delays in the completion of KYC checks.
3.4. User Warranties and Representations
3.4.1. By creating an Account, connecting any Web3 Wallet or otherwise accessing the Services, you represent, warrant and undertake, on a continuing basis, that:
(a) You are at least eighteen (18) years of age and possess full legal capacity to enter into and comply with this Agreement.
(b) You are not (i) a citizen or resident of, (ii) located, incorporated or organised in, nor (iii) accessing or attempting to access the Services from:
i. any Restricted Jurisdiction;
ii. any jurisdiction where use of the Services is prohibited or would contravene Applicable Law;
iii. any jurisdiction that is, at the relevant time, subject to the economic or financial sanctions or trade embargoes administered or enforced by any country or government, including, but not limited to, those administered by the United Nations Security Council, the European Union, Her Majesty’s Treasury of the United Kingdom or Office of Foreign Assets Control of the United States (OFAC) or any other applicable jurisdictions; or
iv. directly or indirectly owned or controlled by any person or persons described above.
(c) You are not named on, controlled by, or acting on behalf of any party named on any government-issued sanctions or watch list (including OFAC’s SDN List) and you will not use the Services to finance or facilitate money laundering, terrorist financing, proliferation financing, fraud or any other illicit activity.
(d) You are the sole legal and beneficial owner of (i) the Account, (ii) any linked Web3 Wallet, and (iii) all crypto-assets or fiat funds used or to be used on the Platform, and you act solely for your own account and benefit and not on behalf of any other person.
(e) All information, documents and declarations (including KYC documentation) supplied to Pulse are true, complete, accurate and not misleading and shall be kept up to date at all times.
(f) You will promptly provide any additional information, documents or certifications requested by Pulse (or its third-party verification providers) to comply with Applicable Law or internal risk-management procedures and will immediately notify Pulse of any material change affecting previously submitted information.
(g) All crypto-assets or fiat funds transferred to or through the Platform are derived from lawful sources and are not the proceeds of crime; you have paid and will pay all taxes and duties owed in any jurisdiction in connection therewith.
(h) You will not create multiple Accounts, use technological means or engage in any scheme to circumvent account-level, geographic, transactional or identity-verification restrictions imposed by Pulse or Applicable Law.
(i) You possess the necessary technical knowledge and understanding of blockchain technology, NFTs, smart contracts and crypto-assets to evaluate and assume all risks associated with the Services, and you can bear the risk of complete loss of funds.
(j) You are solely responsible for maintaining the security of your Account, Web3 Wallet and the associated private keys and accept all risks of unauthorised access to your Account and/or Web3 Wallet.
(k) You will at all times comply with any community guidelines, Acceptable Use Policy and any other rules published by Pulse, and will not upload, Mint, display, sell or otherwise make available any Content that (i) infringes any Intellectual Property Rights; (ii) is illegal, defamatory, obscene, hateful or harassing; (iii) contains malicious code; or (iv) violates the Acceptable Use Policy.
(l) With respect to any Content you upload, Mint or otherwise submit to the Platform, you are the sole owner or valid licensee of all Intellectual Property Rights necessary to grant the licences set out in these Terms and such Content does not infringe the rights of any third party.
(m) You acknowledge that Pulse is not providing, and you are not relying upon Pulse for, any legal, tax, accounting or investment advice; you have consulted, or will consult, independent professional advisers where necessary.
(n) You acknowledge and agree that XPL is a utility token created solely to enable access to certain Services on the Platform, and is not, and shall not be deemed to constitute, (i) a share, security, debenture, unit in a collective investment scheme, derivative, commodity future, option or other financial instrument; (ii) electronic money, stored value or payment instrument; (iii) a deposit or investment contract; or (iv) any form of regulated product under any Applicable Law.
(o) You acknowledge that holding or using XPL confers no ownership interest, equity stake, voting rights, dividend entitlements, profit-sharing rights, governance rights, management rights or control over Pulse, the Platform or any affiliate, and creates no creditor relationship or claim against Pulse's assets.
(p) You represent that nothing in the Agreements or any other communications by Pulse has been presented to you as, or reasonably construed by you as, a promise, representation or expectation that XPL will increase in value, maintain any particular value, or be redeemable, exchangeable or transferable beyond the functionality provided by the Platform and blockchain infrastructure.
(q) You will not introduce to the Platform any virus, worm, Trojan horse, logic bomb, ransomware, back door, exploit, automated bot or other malicious or harmful code and will not attempt to gain unauthorized access to any part of the Platform or its related systems.
(r) You will comply with all applicable terms of any third-party service (including wallet providers, payment processors and blockchain networks) used in connection with the Services.
3.4.2. If any representation or warranty in Clause 3.4.1 above becomes untrue, inaccurate or misleading, you shall immediately (i) cease using the Services, and (ii) notify Pulse in writing, whereupon Pulse may exercise any of its rights under Clause 12 (Termination and Suspension).
4. ACCOUNT MANAGEMENT AND SECURITY
4.1. To create an Account, you must provide accurate, complete, and current information as requested in the registration process. You are responsible for maintaining the accuracy of your Account information and must promptly update any changes to ensure continued compliance with these Terms and Applicable Law.
4.2. You are solely responsible for maintaining the security of your Account and the associated Web3 Wallet and accept all risks of unauthorized access to your Web3 Wallet. You agree to immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your Account, otherwise you may be held liable for any actions of that Account. You understand and agree that, in case of any dispute regarding the Account, we may try to verify your ownership of an Account based on the information provided by you to us and other information we have in connection with such Account. However, we do not represent or warrant the authenticity or accuracy of any such verification. We will take reasonable steps to handle your request in connection with any reported security breaches. However, you acknowledge and agree that, we, our affiliates or third party service providers shall not be responsible and liable for any claims or damages that may arise as a result of such security breaches, except for our gross negligence.
5. PULSE NFT MARKETPLACE
5.1. Marketplace
The integrated NFT marketplace enables Users, among other things, to browse and purchase NFTs. The marketplace is intended to help you browse, explore and purchase NFTs created by Users, as well as facilitate your interactions with supported Blockchains in respect of the listed NFTs.
5.2. Listing
5.2.1. Provided that you comply with the Applicable Law and complete the KYC verification process, you may list your NFT(s) on the Platform for sale and specify its pricing. Any revenue earned for sales of NFTs on the Platform, minus any transaction fees, shall be paid to you immediately via the Blockchain by the purchaser of the NFT.
5.2.2. Each sales transaction that occurs on the Platform will be subject to a fee payable by the purchaser to Pulse. Such a fee will be automatically applied as part of the sales transaction.
5.2.3. You understand and agree that we do not execute or effectuate Minting of any Items or purchase, transfer or sale of any NFT. All transactions are conducted solely through supported Blockchains via a compatible Web3 Wallet (e.g. MetaMask).
5.2.4. You understand and agree that, whilst we offer a marketplace for NFTs, we do not Mint, buy, sell or take custody or possession of any NFTs or other crypto-assets, nor do we act as an agent or custodian for any User. You acknowledge and agree that we will have no insight into or control over these transactions, nor do we have the ability to reverse any such transactions. ACCORDINGLY, WE WILL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF SUCH TRANSACTIONS.
5.2.5. You understand and agree that you bear responsibility for verifying the legitimacy, authenticity, and legality of the Items or NFTs you list, sell or purchase via the Platform. Moreover, Pulse does not guarantee that any Item or NFT on the Platform will always remain visible and/or available to be Minted, bought, or transferred.
5.3. Connecting a Web3 Wallet
5.3.1. In order to purchase or sell any NFT via the Platform, you will be required to connect a compatible Web3 Wallet to make or receive payments. You understand and agree that your blockchain public key will be made publicly visible whenever you engage in a transaction through the Platform.
5.3.2. Once you submit an order to purchase an NFT your order is passed on to your Web3 Wallet, which completes the transaction on your behalf and stores the relevant NFT(s). By utilising our Services, you agree that such transactions are also governed by the relevant terms of service and privacy policy of the relevant Web3 Wallet provider.
6. XPL VESTING AND STAKING
6.1. The Services include vesting and staking functionality for the XPL tokens in accordance with the conditions of the vesting programme being further described in the programme-specific rules, notices or interface disclosures made available on the Platform from time to time (the Vesting Rules).
6.2. For the avoidance of doubt, participation is available only to Users’ eligible under these Terms and who have completed KYC verification to the satisfaction of Pulse.
6.3. Vesting and staking are on-chain, smart contract-based processes executed through a User’s Web3 Wallet. The Services are non-custodial and Pulse does not hold, control or have access to Users’ private keys or seed phrases.
6.4. All future staked token unlocks are subject to a mandatory vesting period of one thousand eight hundred and twenty-five (1,825) days (five (5) years) from the day the user initiates the first claim on the platform. Vesting shall apply on a linear basis platform-wide and shall be calculated in accordance with the following formula:
Daily Vested Amount = Total Locked Tokens ÷ 1,825
Vesting shall run continuously from the commencement date, and the User's claimable balance shall increase on a daily basis in accordance with the foregoing calculation. The vested portion of the User's locked tokens shall accumulate daily and become available for claiming in accordance with this Clause 6.
6.5. During any applicable vesting, staking, lock-up or cool-down period stated in the Vesting Rules, the relevant XPL is locked in the smart contract and is non-transferable, except as expressly permitted by the Vesting Rules or upon completion of the applicable period.
6.6 Unless otherwise stated in the applicable Vesting Rules, accumulated XPL rewards may be claimed no more than once per calendar day by clicking the “Claim” button, and claiming rewards does not unlock, accelerate or otherwise affect any vesting, staking, lock-up or cool-down conditions applicable to the principal XPL vested.
7. PAYMENTS, FEES AND TAXES
7.1. NFT Purchases
7.1.1. You may be able to use the Services to purchase an NFT created by a User. Such User may designate and we will display at the point of sale, among other things, (i) the Licence Terms with respect to the NFT; and (ii) the pricing and the payment terms. We do not guarantee an NFT purchased via the Platform will be transferable in or on any other platform, other than its Blockchain. By completing the purchase of an NFT you acknowledge and represent that you have read and understood the applicable Licence Terms (if any).
7.1.2. You understand and agree that we are not and shall not be a party to the sale and purchase of an NFT, any purchase terms or any Licence Terms in connection with the NFT or any transaction or dispute between any User and you, as purchaser or owner of an NFT or licensee of the Item underlying the NFT. Such User and the relevant owner are entirely responsible for communicating, promulgating, agreeing to, and enforcing any purchase terms and/or Licence Terms.
7.1.3. By purchasing an NFT through the Platform, you represent and warrant that you have, or have obtained, all necessary titles, rights, interests, licences, approvals, consents, permissions, power and/or authority to purchase that NFT.
7.2. Fees and Payment
You understand and agree that the transactions that you make on the Platform may require payment of gas fees and/or other transaction fees (if any) as indicated at the point of sale or otherwise on the Platform. You will be solely responsible to pay all such fees for any transaction that you enter into.
7.3. Taxes
You agree that you are solely responsible for determining and paying, if any, taxes that apply to your use of the Services. We are not responsible for determining the taxes that may apply to you.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Ownership of Intellectual Property
8.1.1. All title, ownership and Intellectual Property Rights in and to the Platform and the Services are owned exclusively by Pulse or its licensors. Pulse’s exclusive ownership shall include all elements of the Platform and Services, and all Intellectual Property Rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the Services), design, systems, methods, information, computer code, software, "look and feel", organisation, compilation of the content, code, data, and all other elements of the Platform and the Services (but excluding the Content submitted by Users) (collectively, the Pulse Materials) are owned by Pulse, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All the Pulse Materials are the copyrighted property of Pulse or its licensors, and all trademarks, logos, service marks, and trade names contained in the Pulse Materials are proprietary to Pulse or its licensors.
8.1.2. Except for the limited, revocable license expressly granted in Clause 8.2, no rights in or to the Pulse Materials are transferred or licensed to you, whether by implication, estoppel or otherwise. Pulse reserves all rights not expressly granted in these Terms.
8.2. License to Use the Services
Subject to your continuous compliance with the Agreements, Pulse grants you a personal, non-exclusive, non-transferrable, non-subslicensable, revocable license for the sole purpose to enable you to access and use the Platform and the Services for their intended purposes. This license automatically terminates on the earlier of (i) termination of your Account or (ii) your breach of the Agreements.
8.3. User-Generated Content
8.3.1. Except for the licence granted in Clause 8.4, you retain all copyright and other proprietary rights in and to Content that you create, upload, Mint, submit or otherwise make available on or through the Platform.
8.3.2. You are solely responsible for your Content. You assume all risks associated with use of your Content, including reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that personally identifies you or any third party.
8.4. License Granted to Pulse
8.4.1. By creating, uploading or otherwise providing any Content, you grant (and represent and warrant that you have the right to grant) to Pulse an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, transferable and sublicensable licence to host, store, cache, record, copy, reproduce, adapt, modify, translate, create derivative works from, publish, distribute, publicly perform, publicly display and otherwise exploit such Content, in whole or in part, by any means and in any media now known or later developed, for the purpose of developing, operating, distributing, marketing and improving the Platform, Services, our activities and your shared Content. You further grant Pulse the right to use your name and trademarks, if any, in connection with our use of such Content.
8.4.2. Pulse may (a) use screenshots, video recordings or other depictions of your Content in promotional materials, (b) adapt or rearrange your Content for in-Platform events or merchandise, and (c) allow third-party partners and affiliates to do the same. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attributions with respect to your Content to the extent permitted by Applicable Law. You further agree that any of the information contained in your Content may be used in accordance with our Privacy Policy.
8.5. License Granted to Other Users
Unless you embed alternative terms in the applicable Licence Terms, you hereby grant to each User who lawfully acquires an NFT or Item embodying your Content (the Acquiring User):
(a) Ownership of the Token – full title to, and control of, the NFT itself, such that the Acquiring User may freely sell, transfer, trade, gift or otherwise dispose of the NFT on-chain, subject always to these Terms and any embedded Licence Terms; and
(b) Licence to the Associated Item – a worldwide, perpetual, non-exclusive, transferable and royalty-free licence to access, use, display and enjoy the Item embodied in, or linked to, the NFT for so long as the Acquiring User continues to own the NFT, but solely for the following purposes:
(i) the Acquiring User’s own personal, non-commercial use;
(ii) use, display or performance of the Item within the Services or any other functionality offered by the Platform; and
(iii) use or display of the Item on any third-party website, application or marketplace that stores or sells that NFT.
The foregoing licence (i) automatically transfers in full to any subsequent lawful owner of the NFT and terminates immediately and without notice when the Acquiring User ceases to own the NFT, and (ii) is strictly conditioned on the Acquiring User’s continuing compliance with these Terms, all Applicable Law and any additional licence permissions, payment obligations or usage restrictions embedded within, or otherwise referenced by, the NFT or Item metadata.
8.6. Feedback
If you provide Pulse with any feedback or suggestions regarding the Platform and/or the Services (Feedback), you hereby assign to Pulse all rights in such Feedback and agree that Pulse shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Pulse will treat Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Pulse any information or ideas that you consider to be confidential or proprietary.
9. CONTENT AND MODERATION
9.1. Acceptable Use Policy
9.1.1. The following terms constitute our Acceptable Use Policy:
(a) You agree not to use the Platform to collect, upload, transmit, display, or distribute any Content (i) that violates any third-party right, including but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of the Agreements, or (v) that is in violation of any Applicable Law, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) impersonate or use the personal information of any other person as part of any KYC process required by Pulse or otherwise provide false, inaccurate or misleading information to Pulse; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (vi) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), any part of the Services, any other User’s Account or Web3 Wallet, whether through password mining or any other means; (vii) harass or interfere with any other User’s use and enjoyment of the Platform; (viii) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform; (ix) engage in any activity that would defraud, manipulate or otherwise harm Pulse, other Users or any third party, including wash-trading, spoofing, layering or pump-and-dump schemes; (x) engage in any other activity that Pulse deems inappropriate or that is otherwise prohibited under these Terms or Applicable Law.
(c) Pulse reserves the right (but has no obligation) to review any of your Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provisions of these Terms, or otherwise misuse the Platform or create liability for us or any other person. Such action may include removing or modifying your Content, terminating or suspending your Account, otherwise restricting you from accessing or using the Platform or the Services, and/or reporting you to law enforcement authorities.
9.2. Moderation
Pulse does not permit the infringement of Intellectual Property Rights on the Platform, and will remove Content if properly notified that such Content infringes on another’s Intellectual Property Rights. We reserve the right to remove Content from the Platform, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to these Terms, we reserve the right to terminate the Account of any User of the Services who has been notified of infringing activity and/or has had Content removed from the Platform. We also reserve the right to decide whether User Content is appropriate and in compliance with these Terms for violations other than violations of intellectual property law. This shall extend to the right of Pulse to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that you and/or third parties add and/or make in relation to your Content in any manner that we may determine, whenever we deem it appropriate.
10. PRIVACY AND DATA PROTECTION
You confirm that you have read and understood our Privacy Policy and understand how we collect, use, disclose and share amongst ourselves your personal data and disclose such personal data to our authorised service providers and relevant third parties.
11. RISK DISCLOSURE
11.1. You acknowledge and accept that access to or use of the Platform, the Services, XPL or any NFTs involves significant risks that may result in partial or total loss of value, loss of access, or other harm. Without limiting the detail set out in the separate Risk Disclosure Policy, such risks include, but are not limited to: (i) extreme price volatility and illiquidity; (ii) irreversible or erroneous on-chain transfers; (iii) regulatory or tax changes adversely affecting crypto-asset use, transfer or valuation; (iv) technological failures, cyber-attacks, protocol bugs, smart-contract exploits and wallet compromise; and (v) the absence of governmental backing, deposit insurance or investor-compensation schemes.
11.2 You further acknowledge that you are solely responsible for evaluating the nature, value, suitability and appropriateness of these risks in light of your own objectives and financial circumstances, that Pulse does not provide legal, tax, investment or any other form of advice, and that you access and use the Services entirely at your own risk.
12. TERMINATION AND SUSPENSION
12.1. You may terminate your Account at any time by following the account closure procedures available in your Account settings or by contacting customer support. Termination by you does not affect outstanding payment obligations, rights and obligations that accrued before termination, our rights to retained data as specified in our Privacy Policy, or your obligations under these Terms that expressly survive termination.
12.2. Notwithstanding anything contained in the Agreements, we reserve the right in our absolute and sole discretion to modify, suspend, or discontinue the Services, your Account, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to you in our absolute and sole discretion.
12.3. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by the Applicable Law.
13. DISCLAIMER
Your access to and use of the Platform and/or the Services is at your own risk. The Services, the Content, XPL and the NFTs listed on the Platform are provided on an "as is" and "as available" basis without warranties or conditions of any kind, either express or implied. We make no representation or warranty that the Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. We disclaim all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement as to the Platform, the Services, any Content, XPL and the NFTs. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the Platform. You agree and confirm that you will carefully read the relevant information and the purchase terms of a NFT before making any purchase to ensure that it meets your requirements and purposes.
While we attempt to make your access to and use of the Platform and/or the Services safe, we cannot and do not represent or warrant that the Platform, the Service, any Content, XPL, or any NFTs listed on the Platform or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless it is due to our gross negligence.
We will not be responsible or liable to you for any losses you sustain and take no responsibility for, and will not be liable to you for, any use of the Platform, the Services, Content, XPL and the NFTs. Without limiting the foregoing, you hereby understand and agree that we will not be in breach of the Agreements and will not be liable for any losses, damages or claims arising from or relating to: (i) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (ii) server upgrade, server maintenance, server failure, server error, server delay or data loss relating to the Services; (iii) corrupted digital wallet files; (iv) unauthorized access to the Platform; (v) any unauthorized third party activities, including without limitation the use of viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
Pulse is not a custodial platform, financial intermediary, or investment platform. All wallets used on the Platform are non-custodial, meaning users have full and exclusive control over their private keys and crypto-assets at all times. Pulse does not hold or manage any crypto-assets, private keys, or seed phrases on behalf of Users. No exchange, custody, or financial services are provided. Pulse does not perform currency conversions, offer lending or asset management, facilitate capital raising or returns generation or any form of regulated financial services.
The NFTs are intangible digital assets. They exist only by virtue of the ownership record maintained in the Blockchain. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger of the blockchain. We do not guarantee and we can affect the transfer of title or right in any NFT. We cannot and do not guarantee that any NFT will have or retain any inherent value, or that you will be able to sell or resell any NFT purchased through the Services.
XPL is a native utility token of the Platform intended to provide access to certain Services on the Platform and, as such, XPL has no rights, intended uses or attributes outside of use within the Platform. XPL is not a share or security of any type. It does not entitle you to any ownership or other interest in Pulse or any subsidiaries thereof. XPL serves solely as a technical means to access or pay for designated Services within the Platform; it has no intrinsic or guaranteed value outside that context. The value and usability of XPL are entirely dependent on user demand, network adoption and the continuing development of the Platform. You acquire, hold, vest, stake or otherwise use XPL entirely at your own risk and responsibility. You are urged to obtain independent legal, financial and tax advice before acquiring or using XPL and to ensure that such activities are lawful in your jurisdiction.
Nothing herein shall exclude or limit our liability for fraud, death or bodily injury caused by negligence, violation of laws, or any other liability that cannot be limited or excluded under the Applicable Law.
14. LIMITATION OF LIABILITY
14.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WE, OUR AFFILIATES AND OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THE AGREEMENTS, THE PLATFORM, THE SERVICES, THE CONTENT, THE NFTS OR ANY THIRD PARTY SITES OR PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE PLATFORM, THE SERVICES, THE CONTENT, XPL, THE NFTS OR ANY THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
14.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF US ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENTS, ACCESS TO AND USE OF THE PLATFORM, THE SERVICES, THE CONTENT, XPL OR THE NFTS EXCEED USD 100. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF US FOR PERSONAL INJURY CAUSED BY OUR FRAUD, FRAUDULENT MISREPRESENTATION OR NEGLIGENCE.
15. INDEMNIFICATION
To the fullest extent permitted by the Applicable Law, you agree to indemnify, defend, and hold harmless us and our affiliates from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to the Agreements or your access to or use of the Platform or the Services, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort (including negligence), contract or otherwise (collectively, Claims), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Platform, Services, Content, XPL or, Items or NFTs, including, without limitation, any act or omission involving any third party in connection with the purchasing of any NFTs or licensing of the Content; (b) any feedback you provide on the Platform; (c) your misrepresentation in connection to or your violation of the Agreements; (d) your violation of the rights of any third party, including another User; (e) any breach or nonperformance of any covenant or agreement binding on you, including without limitation the Licence Terms; (f) the Minting, listing, purchasing, selling, or trading of any NFTs or the licensing of the Items or Content; or (g) any offchain benefits or transactions in connection with the NFTs (other than the related licensing of the Items or Content). You agree to promptly notify us of any third party Claims and cooperate with us and our affiliates in defending such Claims. You further agree that we and/or our affiliates shall have control of the defense or settlement of any Claims.
16. THIRD PARTY SERVICES
The Services may allow you to access third party websites, applications, portals or other resources. We provide such access only as a convenience and are not responsible for the contents, products or services on or available from those resources. You acknowledge your sole responsibility for and assume all risk arising from your use of any third party resources.
17. ASSIGNMENT AND TRANSFER
You may not assign or transfer any right to use the Services or any of your rights or obligations under the Agreements without our prior written consent, including any right or obligation related to the enforcement of laws or the change of control. We may assign or transfer any or all of its rights or obligations under the Agreements, in whole or in part, without notice or obtaining your consent or approval.
18. SEVERABILITY
If any provision of the Agreements shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision under any Applicable Laws shall not affect the other provisions of the Agreements under such Applicable Law or those provisions’ invalidity or enforceability under the other laws and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect under the relevant laws. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under the Applicable Laws.
19. ENTIRE AGREEMENT
19.1. The Agreements constitute the entire agreement between the parties regarding their subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied).
19.2. Each party acknowledges that in agreeing to the Agreements it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in the Agreements.
20. NOTICES
By using the Services, you agree that we may provide you with notices or other communications, including marketing, relating to your use of the Services electronically: (a) via email (in each case to the address that you provide), or (b) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.
Notices to us should be sent electronically to [email protected].
21. THIRD PARTY RIGHTS
Other than our affiliates, a person who is not a party to the Agreements has no right to enforce any of the terms in the Agreements.
22. SURVIVAL
The following sections survive termination of these Terms: 2. Definitions, 8. Intellectual Property Rights, 11. Risk Disclosures, 13. Disclaimers, 14. Limitation of Liability, 15. Indemnification, and 24. Dispute Resolution.
23. GOVERNING LAW
The Agreements are governed by and shall be construed in accordance with the laws of the British Virgin Islands, as applicable, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
24. DISPUTE RESOLUTION
24.1. Any dispute arising out of or in connection with the Agreements, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause.
24.2. The seat of arbitration shall be Dubai, United Arab Emirates.
24.3. The Tribunal shall consist of one arbitrator to be appointed in accordance with the DIAC Rules for the time being in force.
24.4. The language of the arbitration shall be in English.
24.5. You and Company further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any Claim.
24.6. The arbitration provisions set forth in this clause will survive termination of these Terms.
24.7. Limitation period for filing: Any arbitration against the Company must be commenced by filing and serving a Notice of Arbitration in accordance with the DIAC Rules within one (1) year after the date that the user asserting the Claim first found out or reasonably should have found out the alleged act, omission or default giving rise to the Claim (“Limitation Period”).
24.8. There shall be no right to any remedy or relief for any Claim by the User if the Notice of Arbitration in respect of that Claim is not filed and served on Pulse World within that Limitation Period. If the Limitation Period is contrary to applicable law, the user shall be required to bring any Claim against the Company within the shortest time period permitted by the applicable law.
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