Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Aito Software, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your pulsemaps.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Aito Software of any unauthorized uses of your account or any other breaches of security. Aito Software will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Your Responsibilities as Map Publisher. Maps created using the Website and any coordinate data or other material you make available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
If you delete Content, Aito Software will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Aito Software has the right (though not the obligation) to, in Aito Software’s sole discretion (i) refuse or remove any content that, in Aito Software’s reasonable opinion, violates any Aito Software policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Aito Software’s sole discretion. Aito Software will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
- General Terms.
Optional paid services such as extra storage or more frequent updates are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Aito Software the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal.
Unless you notify Aito Software before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your account’s dashboard.
- Embedding Maps on Other Websites By the nature of the pulsemaps.com service, map publishers embed maps on third-party websites or webpages. These websites may be offensive or otherwise objectionable, containing technical inaccuracies and other errors, contain material that violates the privacy or publicity rights, or infringe the intellectual property and other proprietary rights of third parties. Aito Software is not affiliated with such websites, and disclaims any responsibility for any harm resulting from such websites.
- Intellectual Property. This Agreement does not transfer from Aito Software to you any Aito Software or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Aito Software. Aito Software, pulsemaps.com, the pulsemaps.com logo, and all other trademarks, service marks, graphics and logos used in connection with pulsemaps.com, or the Website are trademarks or registered trademarks of Aito Software or Aito Software’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Aito Software or third-party trademarks.
- Advertisements. Aito Software reserves the right to display advertisements on your maps, unless you have purchased an Ad-free Upgrade.
- Changes. Aito Software reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Aito Software may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Aito Software may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your pulsemaps.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Aito Software and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Aito Software nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Aito Software, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Aito Software under this agreement during the twelve (12) month period prior to the cause of action. Aito Software shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Aito Software, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Aito Software and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Aito Software, or by the posting by Aito Software of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Finland, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Turku, Finland. Any dispute arising under this Agreement shall be finally settled in accordance with the Arbitration Rules of the Finland Central Chamber of Commerce, by arbitrators appointed by the Central Chamber of Commerce. The arbitration shall take place in Turku, Finland, in the Finnish language.