Privacy Policy

Our Commitment to Safeguarding Your Privacy and Ensuring Transparency

EsperPulse

Privacy Policy - Last Updated: Aug 14, 2024

1. Privacy Policy Incorporated Herein

EsperPulse values your privacy and will adhere to its Privacy Policy in order to ensure that your experience is a pleasant one. Please read our Privacy Policy, which is incorporated into the herein Terms. We reserve the right to contact you in connection with your compliance or EsperPulse’s compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to the App. You acknowledge that EsperPulse may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of EsperPulse, App users, and the public.

2. What This Privacy Policy Covers

This policy covers how EsperPulse treats personal information that is collected or received through the EsperPulse services we provide. Personal information is information about you that is personally identifiable like your name, email address, or phone number, and any information that is not otherwise publicly available. This policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage. Companies such as our Internet access, website, and email hosting company, Facebook, and others have their own privacy statements which can be viewed on their respective websites.

3. Information Collection and Use

EsperPulse collects personal information when you contract with us to use our EsperPulse services. When you contract with us for a particular service, we will ask you to provide us with your name, email address, and phone number. The EsperPulse App may from time to time collect App usage information such as the number of sessions, certain responses, and session

Duration, to enhance your experience. This information is stored on our server logs. The information from the server logs is used anonymously and is not linked to any individual user and contains no personal identifiers accessible to us the developer. EsperPulse uses the information that is collected for the following general purposes: to provide updates to you regarding products and services, to fulfill your requests for products and services, improve products and services, contact you, conduct research, and to optimize and improve the App.

4. Ownership of Content

You acknowledge and agree that: (i) EsperPulse owns all rights, title and interest in and to all Content posted, generated, or contributed (“the Content”) to the App by You or other users; and (ii) nothing in this Agreement will confer You any right of ownership in the Content or any license to any Content other than the Rights expressly granted in this Agreement.

EsperPulse, as part of the EsperPulse App, does not store video content or own video content. The EsperPulse App merely delivers that video content hosted by the video provider. By agreeing to the herein Terms, you implicitly agree to the terms of the video content provider.

5. Emails

We may occasionally send emails to you. This is required for certain uses of the App. We may also send information to you regarding your account activity and purchases as well as updates about our products and promotional offers. You may elect to opt-out of receiving promotional emails at any time.

6. Children

EsperPulse does not design any part of its App to attract anyone under age 18. EsperPulse will not knowingly contact children under age 18 without a parent’s permission. EsperPulse does not knowingly ask a child under age 18 for any personal information.

7. Information Sharing and Disclosure

EsperPulse does not rent, sell, or share personal information about you with other people or companies except under the following circumstances:

• We provide shipping information to our shippers so that they may deliver products to you.

• We respond to subpoenas, court orders, or legal processes, or to establish or exercise our legal rights or defend against legal claims.

• We share information with law enforcement agencies in order to investigate, prevent, or act regarding illegal activities, suspected fraud, suspected copyright infringement, situations involving potential threats to the physical safety of any person, or as otherwise required by law.

8. Confidentiality and Security

We limit access to personal information about you to only those we believe need to contact it to provide our products or services. We have physical, electronic, and procedural safeguards to protect personal information about you.

9. Changes to This Privacy Policy

This policy will be changed sometimes to adapt to society's changing needs and the law. We will notify you about significant changes in the way we treat personal information by amending this Privacy Policy linked on the App.

10. Ordering of Services; Conduct of Services

If you choose to order a product or service through the App, we will make best efforts to provide that service or product to the best of our ability. However, we make no warranty with regards to your satisfaction with any service or product in general. You will receive access to

content created by others, which access can be revoked at our discretion. Prices for services where applicable will be listed on the App and may change.

11. Content

Content may be removed from the App without prior notice to ensure quality standards are maintained.

12. Customer Support

You may contact EsperPulse Customer Services by sending an email to the provided contact on the distribution app store. You acknowledge that the provision of customer support is at EsperPulse’s sole discretion, and that EsperPulse shall have no obligation to provide you with customer support of any kind. We may provide you with customer support sometimes, at our sole discretion, and providing some level of support is no guarantee of future support.

13. Notice Re Names and Trademarks

You may not use the name “EsperPulse”, or any other names or Trademarks listed on the App or in any App content. All rights are reserved.

14. Notice Re Copyright Ownership: EsperPulse

All rights reserved. All content on the App is subject to intellectual property rights, contractual rights, or other protections. The intellectual property rights are owned by EsperPulse or its licensors. No content may be copied, distributed, republished, uploaded, posted, or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of EsperPulse. Modification or use of the materials for any other purpose may violate intellectual property rights. EsperPulse maintains the worldwide, exclusive copyright on all content created by its users.

15. Minimum Age Requirement

The App is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the App, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the App only with the permission and involvement of a parent or guardian.

16. Dealings with Merchants; Links

The App may contain advertisements, offers, or other links to other Apps and resources of third parties that are not controlled by EsperPulse. That information and advertisements may not be or remain wholly accurate. You acknowledge and agree that EsperPulse is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the App does not imply that the linked site is endorsed by EsperPulse. You use the links at your own risk. EsperPulse’s Terms and Privacy Policy are applicable only when you are on its App.

Your correspondence or business dealings with, or participation in promotions of, third-party merchants or advertisers that are found on or through the App or which provide links on the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against EsperPulse and agree to hold EsperPulse harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the App.

17. Electronic Communications (Continued)‍

You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You further agree that any notices or communications we send you electronically will be deemed to have been received by you on the day we send them.

18. Notices and Contact Information; Copyright Complaints

Except as otherwise provided in these Terms, EsperPulse will give you any notices by posting them on the App, and you agree that such posting will constitute effective notice. You authorize EsperPulse to send notices (including without limitation notice of subpoenas or other legal processes, if any) via electronic mail as well if EsperPulse decides, in its sole discretion, to do so. You agree to keep your email address current and that notice provided by EsperPulse to the email address that you have most recently provided will constitute effective notice. EsperPulse’s address for Legal Notices is:

EsperPulse
Dover, Delaware 8 The Green Suite A, Dover, DE 19901
info@.com

EsperPulse respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EsperPulse with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed upon;

3. A description of where the material that you claim is infringing is located on the site;

4. Your address, telephone number, and e-mail address;

5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

19. Modifications to Terms and Privacy Policy

You agree that sometimes we may, at our sole discretion, modify, add, or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the App. Your continued use of the App following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the App (or any part thereof) without notice.

20. Prohibited Conduct

You agree not to do, or attempt to do, any of the following, subject to applicable law:

(a) Alter information on or obtained from the App unless through tools provided on the App by us;

(b) Tamper with postings, registration information, profiles, submissions, or Content of other users;

(c) Use any robot, spider, scraper, or other automated means or interface not provided by us to access the App or extract data or gather or use information, such as email addresses, available from the App or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;

(d) Frame any part of the App, or link to the App, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by EsperPulse;

(e) Impersonate or misrepresent your affiliation with any person or entity;

(f) Bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the App (except as otherwise expressly permitted by law);

(g) Take any action which might impose a significant burden (as determined by us) on the App’s infrastructure or performance, or send to or otherwise impact us or the App (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the App or any recipient;

(h) Willfully enter incorrect information;

(i) Post content created by anybody other than yourself that is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any class or individual;

(j) Harass or advocate harassment of another person;

(k) Exploit people in a sexual or violent manner;

(l) Contain anything sexually suggestive, excessive violence, or offensive subject matter;

(m) Solicit personal information from anyone under 18;

(n) Publicly post information that poses or creates a privacy or security risk to any person;

(o) Include information about another person that you have posted without that person’s consent;

(p) Violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person;

(q) Constitute or promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

(r) Constitute or promote an illegal or unauthorized copy of another person’s copyrighted work;

(s) Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;

(t) Involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;

(u) Further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(v) Involve commercial activities and/or sales without prior written consent from EsperPulse, such as contests, sweepstakes, barter, advertising, or pyramid schemes;

(w) Impersonate or attempt to impersonate another user, person, or entity.

21. Protection of Site Content

Our App is protected by Canadian, U.S., and international intellectual property laws, which you agree to respect. All content on the App, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of EsperPulse or its content suppliers. All software used on the App is the property of EsperPulse or its software suppliers.

22. Termination or Cancellation

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the App, and/or your Account, or suspend or block your access to the App. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the App after termination of these Terms, that use will constitute your agreement to the Terms then posted on the App. EsperPulse may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the App.

The provisions entitled “Notice Re Copyright Ownership,” “Indemnification,” “Disclaimer of Warranties,” “Exclusion Of Damages; Limitation Of Liability,” “Additional Terms,” and the Privacy Policy will survive termination of these Terms.

23. Indemnification

As a condition of your access to and use of the App, you agree to hold EsperPulse, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses, and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to:

(i) Your access to and use of the App and the content therein;

(ii) Your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy), and any applicable law or the rights of another person or party;

(iii) Any dispute you have or claim to have with one or more users of the App;

(iv) EsperPulse’s resolution (if any) of any dispute you have or claim to have with one or more users of the App;

(v) Your improper authorization for EsperPulse to collect, use, or disclose any data or Content provided by you; and

(vi) Any disclosures made with your permission (including, without limitation, your consent that EsperPulse disclose your personal information and other information collected as set forth in our Privacy Policy).

Furthermore, you fully understand and agree that:

(a) EsperPulse will have the right but not the obligation to resolve disputes between users relating to the App and EsperPulse’s resolution of a particular dispute does not create an obligation to resolve any other dispute; and

(b) EsperPulse’s resolution of a dispute will be final with respect to the App.

24. Procedure for Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EsperPulse with the following information: