Terms of Service for Pulse Groove

Last Updated: April 17, 2025

Welcome to Pulse Groove!

You can use Pulse Groove to play local music or videos and modify the sound effects to enhance your audio experience. You do not need to register to use the service. We've drafted these Terms of Service so that you'll know the rules that govern our relationship with you. Please read them carefully.

1.1 This terms is a legal agreement between you and Pulse Groove and its various & next versions regarding the use of the Pulse Groove software programs and related documentation being installed by you on your device (the "Software").

1.2 This document may also be referred to as the "Terms of Use," "Terms," "User Agreement," or "Agreement" and constitutes a legally binding agreement between individuals, businesses, organizations (the "Users"), and Pulse Groove.

1.3The terms "we" and "our" refer to Pulse Groove, while "you," "your," "User," and "Visitor" refer to all users of Pulse Groove.

1.4 By downloading the Software and/or using any of the services enabled by the Software (the "Services"), You acknowledge that you have read, understood, and agree to be bound by the following terms and conditions (including any additional guidelines and future modifications) and by Pulse Groove’s Privacy Policy. If at any time you do not agree to these terms and conditions of use, you may not use the software or services and must immediately terminate your use of the software and all services.

1.5 Pulse Groove reserves the right, in its sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time. While we may attempt to notify You when major changes are made to the Terms of Use, it is Your responsibility to review the Terms of Use periodically to check for changes. By continuing to avail our Services, you agree to be bound by the revised Agreement.

1.6 Pulse Groove reserves the right in its sole discretion and at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it), with or without notice.

1.7 You may not use Pulse Groove in connection with any commercial activity without our express written approval. We reserve the right to investigate any suspected unauthorized uses of Pulse Groove and we may take action in our sole discretion, including without limitation seeking legal, civil, criminal, or injunctive relief.

2.1 No one under 18 is allowed to create an account or use the Services. You hereby warrant that you are at least 18 years old. In the event that the information you provide in this regard is not truthful, Pulse Groove shall not be liable as it cannot verify the age of its users.

2.2 If you are under the age of 18, you may use the Service, only with the approval of your parent or guardian. In addition, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with these terms.

2.3 If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

3.1 Through Pulse Groove you may be permitted to upload or otherwise make available certain content, such as video and audio files (“User Content”). The User Content, including any materials contained therein, have not been verified or approved by us. Any Content you upload is your sole responsibility.

3.2 You represent and warrant that when you upload Content on Pulse Groove that you own or have the necessary licenses, rights, consents and permissions to do so. We are not responsible for any Content that you upload, transmit, publish or stream on Pulse Groove. We do not control the posted Content and, as such, we do not control its accuracy, integrity, quality or any other aspect. Under no circumstances are we liable to you or to any third party in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.

3.3 We have the right to remove any Content that violates the Agreement or that we or others find objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. We reserve the right to block or change your access to Pulse Groove.

4.1 We may use your feedback, comments and suggestions without any obligation to compensate you for them. Even if you no longer use or are prohibited from using the Service, we may continue to use and provide any and all Content, and we will continue to own all such rights.

4.2 Subject to the terms herein, the Company grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license for non-commercial purposes, to install the App and use the Services solely for the purposes set forth herein (“License”). Except as expressly stated under this agreement, we or our licensor retain all rights, title ownership, and interest in and to the Services, copyrights and trademarks, images, logos product names, and trade names, to the fullest extent possible under applicable law.

4.3 You acknowledge that all right and interest in the App’s trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications (excluding the Third-Party Management Tools), are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the App. Except as expressly granted herein, we retain all right, title and interest in and to our Service, as well as any content provided or made available in connection with the Service (excluding the Third-Party Advertisement).

5.1 We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of Copyright Policy. However, not all unauthorized uses of copyrighted content constitute a copyright infringement.

5.2 If you believe that any of the User Content available in the App infringes your intellectual property rights in a manner that constitutes a copyright infringement, or of any third party in which you are authorized to act on its behalf, you may submit a DMCA copyright infringement notice to our authorized Agent (“DMCA Notice”). We will respond to your DMCA Notice within a reasonable amount of time. A written notification of claimed copyright infringement should be sent to maretacaine.appdev@outlook.com.

5.3 For your notification to be valid, it needs to be in writing and include:

5.4 Pulse Groove adheres to the DMCA and other relevant laws and will, when deemed necessary and at its sole discretion, terminate the accounts of users who repeatedly infringe. Pulse Groove can also limit access to the Services and/or terminate the accounts of any users who violate others' intellectual property rights, regardless of whether repeat infringement is involved.

6.1 Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Pulse Groove may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources and we are not responsible for their availability. We do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that we will not be responsible or liable, directly or indirectly, to you or any third party for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

6.2 Your correspondence or dealings with, or participation in promotions of, advertisers found on or through Pulse Groove, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. We are not responsible or liable to you or to any third party for any loss or damage of any sort caused or alleged to be caused in connection with any such dealings or as the result of the presence of such advertisers on Pulse Groove. We will not be liable to you or to any third party for any failure by an advertiser to provide any service or product you ordered from it.

7.1 Your access to and use of the Services is subject to these terms and all applicable laws and regulations. Harmful user conduct includes, but is not limited to, the following:

8.1 Pulse Groove has a zero-tolerance approach to any acts of abuse, exploitation and/or sexualization involving children. We continuously evaluates and improves its policies, systems, and practices to uphold the highest standards of child safety. We aim to make our platform a safe and inclusive space for everyone.

8.2 Pulse Groove uses automated and manual systems to detect underage activity as well as Child Sexual Exploitation and Abuse ("CSEA"). Any attempt to circumvent these systems is prohibited. Prohibited Activities include but are not limited to actions such as:

8.3 Missing and Exploited Children (NCMEC) or other relevant authorities as required by applicable law and will result in immediate removal of the content. We urge all users to report any suspicious or inappropriate content or behavior related to CSAE.

To better understand how Pulse Groove collects, uses, and safeguards your personal information, we encourage you to review our Pulse Groove Privacy Policy. The Privacy Policy outlines the types of data we collect, how it is used, how we protect it, and your rights regarding your personal information. By using Pulse Groove, you acknowledge and agree to the practices described in the Privacy Policy. Please note that the Privacy Policy is incorporated by reference into these Terms of Use, meaning that the Privacy Policy forms an integral part of our agreement with you. For detailed information about our data protection practices, please take the time to read the Privacy Policy thoroughly.

10.1 You use Pulse Groove at your sole risk. We provide Pulse Groove on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from or through us shall create any warranty not expressly stated in the TOS.

10.2 We do not guarantee that Pulse Groove will always be safe, secure or error-free or that Pulse Groove will always function without disruptions, delays or imperfections. We make no warranty that (a) Pulse Groove will meet your requirements; (b) Pulse Groove will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from your use of Pulse Groove will be accurate or reliable; (d) the quality of any products, services, information, or other material obtained through Pulse Groove will meet your expectations; and (e) any errors in the software will be corrected.

10.3 Any content, information, or material downloaded or otherwise obtained through Pulse Groove is done at your own discretion and risk. You will be solely responsible for any damage to your or another’s device or computer or loss of data or any other damage or loss that results, directly or indirectly, from the download of any such content, information or material.

10.4 This application and service is designed to provide support and supplementary services for well-known third-party platforms and software. For clarification, any third-party platform or software does not belong to us, nor is it owned, associated, authorized or endorsed by us, and we have no official relationship with these third-party platforms and software in any form. You hereby acknowledge and agree that any use of our application and services in conjunction with these third-party platforms is at their own discretion and is subject to our terms and the respective terms, policies and regulations of the specific third-party platform.

11.1 You acknowledge and agree that we cannot control the conduct of Pulse Groove’s users and therefore cannot be responsible for any harm they may cause. We are not responsible for the actions, content, information, or data of third parties, and you release us, our subsidiaries, affiliates, and each of our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any Pulse Groove users or other third parties. If you are a California resident, you waive California Civil Code §1542 (and similar provisions in any jurisdiction), which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

11.2 Some states or jurisdictions do not allow the exclusion or limitation of liability for damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

12.INDEMNIFICATION

You will indemnify and hold us and our subsidiaries, affiliates, directors, officers, employees, agents and other partners harmless from any claim or demand, including any attorneys' fees, that we (or other indemnified persons) may make due to or arising out of: (a) your actions or omissions; (b) any information or content you submit, post, transmit or make available through Pulse Groove; (c) your access to and use of Pulse Groove, your connection to Pulse Groove; (d) your breach of this Agreement; or (e) your transmission or use of information or content related to other users or any third party; or (f) your violation of the intellectual property, privacy or any rights of any user or third party.

13.MODIFICATION

We reserve the right to modify or terminate the Service or these Terms at any time. Changes to the Terms will be effective immediately upon posting. It is your responsibility to review the Terms periodically, and your continued use of the Service after any changes constitutes your acceptance of the modified Terms.

If you have any questions about these terms or need more information, please contact us:maretacaine.appdev@outlook.com