1. Introduction
Welcome to Pulzzy ("we," "our," or "us"). By accessing or using our website, mobile applications, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
These Terms constitute a legally binding agreement between you and Pulzzy regarding your use of our social media management platform and related services. Please read them carefully.
2. Account Registration
2.1 Account Creation. To use certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2 Account Security. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2.3 Team Accounts. If you register for an account on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Services and Features
3.1 Service Description. Pulzzy provides a social media management platform that allows users to create, schedule, publish, analyze, and collaborate on social media content across multiple platforms.
3.2 Service Modifications. We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
3.3 Beta Features. We may offer access to beta features that are still in development. Beta features are provided "as is" without warranty of any kind, and we may change or discontinue beta features at any time without notice.
4. Subscription and Payments
4.1 Subscription Plans. Access to certain features of our Services requires a paid subscription. Subscription details, including pricing and features, are available on our website.
4.2 Free Trial. We may offer a free trial period for our subscription plans. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends.
4.3 Billing. By providing a payment method, you authorize us to charge you for your subscription plan. We will bill you in advance on a recurring basis (monthly or annually, depending on your selection).
4.4 Price Changes. We reserve the right to change our subscription prices at any time. If we change pricing for your subscription plan, we will notify you before the change takes effect.
4.5 Refunds. Payments are non-refundable except as required by law or as explicitly stated in these Terms. You may cancel your subscription at any time, but you will not receive a refund for the current billing period.
5. User Content
5.1 Content Ownership. You retain all ownership rights to the content you create, upload, or publish through our Services ("User Content"). By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your User Content for the purpose of providing and improving our Services.
5.2 Content Responsibility. You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:
- You own or have the necessary rights to use and authorize us to use your User Content;
- Your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights;
- Your User Content complies with these Terms and all applicable laws and regulations, including those related to advertising, marketing, and social media.
5.3 Content Monitoring. We do not actively monitor User Content but reserve the right to review and remove any User Content that violates these Terms or that we find objectionable, at our sole discretion.
6. Restrictions
You agree not to use our Services to:
- Violate any applicable law, regulation, or third-party rights;
- Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
- Engage in any activity that interferes with or disrupts our Services or the servers and networks connected to our Services;
- Attempt to gain unauthorized access to any part of our Services, other accounts, or computer systems;
- Use our Services for any unauthorized commercial solicitation;
- Collect or harvest user data without consent;
- Use automated scripts to collect information from or interact with our Services;
- Exceed rate limits or engage in activities that impose an unreasonable load on our infrastructure.
7. Intellectual Property
7.1 Our Intellectual Property. The Services, including all content, features, and functionality, are owned by Pulzzy, its licensors, or other providers and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.
7.2 Feedback. If you provide us with feedback or suggestions regarding our Services, you grant us the right to use such feedback without restriction or compensation to you.
8. Third-Party Services
8.1 Social Media Platforms. Our Services allow you to interact with third-party social media platforms. Your use of these platforms is subject to their respective terms of service and privacy policies. We are not responsible for the content, policies, or practices of any third-party services.
8.2 API Usage. Our Services use APIs provided by social media platforms and other third parties. These APIs may be subject to rate limits, changes, or discontinuation beyond our control. We are not liable for any disruption or loss of functionality resulting from changes to third-party APIs.
8.3 Third-Party Links. Our Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources.
9. Data and Privacy
9.1 Privacy Policy. Our Privacy Policy describes how we collect, use, and share your personal information. By using our Services, you agree to our collection, use, and sharing of your information as described in our Privacy Policy.
9.2 Data Security. We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.
9.3 Analytics Data. We collect and analyze data about your use of our Services to improve our offerings. This data may include usage patterns, feature adoption, and performance metrics. We may share aggregated, non-personally identifiable data with third parties.
10. Termination
10.1 Termination by You. You may terminate your account at any time by following the instructions on our website or contacting our support team.
10.2 Termination by Us. We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
10.3 Effect of Termination. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10.4 Data Retention. We may retain your data for a limited period after termination as required by law or for legitimate business purposes. We will securely delete your data according to our data retention policies.
11. Limitation of Liability
11.1 Disclaimer of Warranties. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PULZZY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
- ANY CONTENT OBTAINED FROM THE SERVICES; AND
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
11.3 Cap on Liability. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless Pulzzy, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your User Content, or your violation of these Terms.
13. Modifications to Terms
We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our Services.
For material changes to these Terms, we will make reasonable efforts to notify you, such as through a notice on our website or an email to the address associated with your account.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of China, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of China, and you consent to the personal jurisdiction of such courts.