Terms of Service

 

Welcome to Digipulse! Digipulse allows You to securely store Your digital valuables, such as cryptocurrency wallets, passwords to online services, or any other digital files of importance to You, with the additional ability to set up transfer conditions of this data to a third party upon conditions You have specified by monitoring third party API integrations.

These terms and conditions of use (Terms) apply to the use of the Digipulse service accessible at www.digipulse.io (Service) by You (together referred to as You or Your), so please carefully read them before using the Service. The Terms and the Service chosen by You are the basis of the agreement between You and Digipulse (Agreement). By using the Service You are consenting to be bound by these Terms.

If You do not agree to all of these Terms, any use of the Service is unauthorized and You must stop accessing the Service immediately.

If You subscribe to the Service by clicking the “Sign up” button, by using the Service or otherwise indicating acceptance of these Terms, You represent that:

  • You have full legal capacity to contractually obligate yourself to these Terms and You are not barred under any applicable laws from doing so.
  • You understand English and have read, understood and accepted these Terms stated herein.
  • You may only use the Service in compliance with these Terms.

 

Right to use the Service

In order to use our Service, You must complete a registration process. When You register to the Service, You must:

  • Provide information which is true, current, complete and accurate, such as Name, country of residence and contact information.
  • Maintain and promptly update registration data to keep it true, current, complete and accurate.

 

Your registration information may be evaluated by Digipulse, and if we discover that Your Registration Data is not true or inaccurate, Digipulse, at its sole discretion and without prior notice, is entitled to immediately terminate Your rights to continue to use the Service.

In relation to the scope, use, protection, sharing, handling, management and procession of any data that You give to Digipulse, including the registration data, or data Digipulse obtains from Your use of the Service, the Privacy Policy of Digipulse shall form an integral part of these Terms.

The Service is not intended for use by You if You are under 18 years of age. By agreeing to these Terms, You are representing to us that You are over 18.

Ownership and security of Your Content

You retain full ownership to Your data and any information You submit to Digipulse (together Your Content). We don’t claim any ownership to any of Your Content. Digipulse may redundantly store or backup Your respective data as set forth below, and we might use trusted third parties to provide the Service. You give us the permission for all and any actions that we need to undertake to provide the Service.

In particular, but not limited to, You agree that Digipulse may transfer Your data to a third party that You have specified upon the transfer conditions that You have set up by means of checking a third party API integration or cryptocurrency wallet activity. By setting up any transfer conditions You agree that this corresponds with your intent to share Your content with the specified person.

You agree that Digipulse may also share any data stored by You, even in encrypted form,  to a third party if Digipulse has a reason to believe that it is required:

  • To comply with any law or order issued by any legal authority.
  • To avoid infringement of the rights of a third party.
  • Protect the property of Digipulse or the personal safety of our users and the public.

 

Your Content stored in a Digipulse vault is stored in an encrypted or non-invertible form. Your Content cannot be decrypted by Digipulse or any third party and can only be decrypted by You and persons You explicitly shared Your Content with.

However, You agree that Digipulse may collect and store some limited information which is needed to run the Service, like Your contact and billing information, Your email address, etc. in a encrypted form accessible to Digipulse.

Security and Your responsibility

Since Digipulse cannot access Your encrypted data. Digipulse cannot be held liable if Your password is lost and cannot be recovered and Your Encrypted Content cannot be decrypted.

We recommend that a backup of any content is kept on Your own separated system.

You are solely responsible and liable for any content You upload or share by using our Service. You hereby agree and undertake:

  • To respect data or content of third parties protected by copyright, patent, trademark, trade secret or other intellectual property (Protected Content).
  • Not to upload, download, share, or copy unsanctioned copyrighted material.
  • Not to upload a virus, trojan or any malicious code or software.
  • Not to use the Service to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, offensive or otherwise objectionable content or material of any kind or nature.
  • To comply with all applicable laws, rules and regulations.
  • Not to use the Service for any illegal purposes.

 

You acknowledge that You are responsible and liable if You use the share functions of the Service and share files and any other content with any third parties. We warn You and You confirm that You know and accept, that the shared content can be decrypted by the person you have shared Your information with. Always consider what You share and with whom You share before You share confidential information with other persons. Do carefully check the email address of the person You like to share Your content. If You have incorrectly specified the email address of the recipient, an unknown and undesired user might get access to Your data.

Do accept files or any other content from users You do not know or You do not trust. Digipulse has no responsibility for actions of persons You share data with. In particular, but not limited to, Digipulse is not liable for malware You receive from users You chose to share with.

Digipulse has no control with regard to the content stored and shared by its users using the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information You may be able to access using the Service.

You must keep Your password confidential, and must not authorize any third party to use the Service on Your behalf. You are responsible for all activities in relation to Your account. Digipulse is not liable for any loss or damage arising from any unauthorized use of Your account. In the event we have a reason to believe that an unauthorized person uses Your account or any other unauthorized use, Digipulse has the right, at its sole discretion and without prior notice, to suspend or disable Your account, or take any action to avoid any unauthorized use.

You must contact us right away if You suspect misuse of Your account or any security breach in the Service. Digipulse cannot be held liable if You computer is stolen or hacked and an unauthorized person gets access to Your data.

Pricing and payments

Digipulse may offer promotions to try the Service of free for a limited amount of time. After the promotional period You will be offered to subscribe to the Service of a monthly subscription fee as indicated on www.digipulse.io.

Accepted payment methods:

  • Credit card (Visa, Visa Electron, MasterCard);
  • DGPT tokens.

 

The payment is charged from the credit card added to Your Digipulse profile or DGPT token balance for each month of service (subscription period).

By choosing to pay with DGPT tokens a 30% discount is applied. The fee for the subscription period is calculated in USD according to the last 30 day average price of the DGPT tokens on exchanges. You may add DGPT tokens to Your account balance at any time. You will be charged at the end of the subscription period from the tokens added to Your account.

By choosing to pay by credit card, we will automatically charge Your credit card for each subscription period. You agree that Your subscription is automatically renewed for the same period and for the same amount at the end of the billing period unless You state otherwise one (1) day before the renewal date.

We will automatically bill Your credit card or other agreed payment options each month. If Your subscription has started on a calendar day not contained in a given month, Digipulse will bill Your credit card on the last day of such month.

You agree and authorize Digipulse to periodically authorize Your credit card in anticipation of account or related charges. You must be authorized to use the credit card You have submitted as means of payment.

You agree that if You do not provide Digipulse with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, You will be in violation of these Terms.

If any fee of a Subscription is not paid in a timely manner, or Digipulse was not able to charge Your credit card with the payable fees, Digipulse has the right to suspend Your Subscription. If suspended, Your account will be locked and You will be notified by email. Your data will be stored for two months from the date Your account has been locked. During the time Your account is locked, You may not be able to operate with Your vault data, but Your transfer conditions will be checked in case the transfer conditions are met. Your data will be deleted if no action is taken by You to resolve the payment issue within (2) two months from the date Your account has been locked.

If You wish to renew Your account, You will be charged for the period the account has been locked. The billing period will be renewed from this date onward.

Cancellation, refunds and termination of service

You may cancel Your subscription at any time. You will not be refunded any subscription fees already paid.

There is no refund for any prepaid service. If You terminate the Subscription, Your Subscription will not be renewed. All payments by You to Digipulse are final, nonrefundable and there are no refunds or credits for partially used subscription periods.

If You believe You are entitled to receive a refund of any monies paid to Digipulse, please contact us at hello@digipulse.io. The refund method will depend upon the payment method.

If You just stop using the Service, this does not terminate the Agreement and Your obligations.

You may terminate this Agreement in Your sole discretion and for any reason by closing Your account for all Services with an account closing mechanism or by contacting Digipulse at hello@digipulse.io.

We may ask You for indication of reasons to terminate, but even if we would be quite happy to get feedback, You are not obligated to share such reasons.

Digipulse may decide, in its sole discretion and at any time, to discontinue the Service and/or to terminate the Agreement by providing 30 days advance notice. In this case, we will provide You with a refund of any prepayment.

Digipulse  may terminate Your account for cause immediately upon notice to You if:

  • We have a reason to believe that You are, or Your account has been used in breach of these Terms or any applicable laws. In such case we may terminate the Agreement without any prior notice.
  • We are unable to verify or authenticate Your provided information to us.
  • You may subject us, our affiliates, or any third party to liability.
  • You are more than (2) two months late on any payment.
  • In order to comply with the applicable mandatory laws or, to comply with the final court order of a competent judicial body.
  • You become the subject of any bankruptcy, dissolution or similar proceeding.

 

Upon any termination of this Agreement:

  • All Your rights under this Agreement immediately terminate.
  • You remain responsible and liable for all fees and charges You have incurred up to the date of termination;
  • You agree that You stop any use of the Service.
  • All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms.

 

After the termination of the Agreement, Digipulse is entitled to keep or erase any data and/or Your Content according to our Privacy Policy.

Proprietary rights

All contents of the site www.digipulse.io and Service including but not limited to design, logo, trademarks, domain names, text, graphics, patents, any other intellectual property or proprietary rights (Service Content) are protected by copyright and other intellectual property laws, and owned by Digipulse and/or its suppliers, affiliates, or licensors.

Unless we have specifically permitted herein, no portion of the Service Content may be reproduced, modified, distributed, published in any form, or by any means, without prior written permission from Digipulse, and You are not permitted to create any derivative works of Service Content. Digipulse does not give You any license to our intellectual property. Any rights not expressly granted herein are reserved, and no title to or ownership of any proprietary rights related to the Service is transferred to You pursuant to these Terms.

We may use any feedback, ideas, comments, enhancement requests, recommendations or suggestions You send us or post in our forums without any obligation to You, and You hereby grant to Digipulse a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any suggestions.

Updates and changes to the Service

As part of the development of the Service, Digipulse has the right, in its sole discretion, anytime to add new features, to modify or discontinue features of the Service.

If Digipulse makes a material change of the Service, as defined hereafter, Digipulse will notify you 30 days before the changes become effective by sending You an email. You understand and accept that You have (30) thirty days after sending the above mentioned emails to explicitly accept such changes. After (30) thirty days, we may limit Your access to any part of the Service until changes are not explicitly accepted by You.

Material Change(s) means a substantive Change that would be of importance or consequence to the User, which may include changes to privacy practices, meaning changes relating to practices regarding notices, disclosure, use and collection of submitted data, or measures for data security, integrity, or access.

Material Changes do not include any changes which solely affect the performance or integrity of the Service, such as increases in speed, reliability, or information security.

Digipulse has the right to make any Changes which are non-Material Change without prior notice to You.

If You have paid to use the Service and we materially downgrade its functionality, we will provide You with an adequate and proportional refund of any prepayment, as we determine appropriate.

Compliance with Laws

You agree to comply with all applicable laws, statutes and regulations relating to use of the Service.

Digipulse Service does not replace traditional inheritance. You and the party receiving Your data are responsible to comply to any inheritance laws and regulatory requirements that might be applicable.

You acknowledge that violations of these Terms could subject You to criminal or civil penalties.

Provided “AS-IS”

Digipulse operates and develops the Service with reasonable care and skill and will use reasonable commercial efforts to promptly remedy any faults of which we are aware of. However, we provide the Service “as is” and “as available”, without express or implied warranty or condition of any kind and You shall use it at Your own risk. To the maximum extent permitted by applicable laws, we also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement or any warranty that the Service are of any particular quality or purpose.

Disclaimer of liability

Digipulse liability for simple negligence and for auxiliary persons is excluded. To the maximum extent permitted by the applicable laws, Digipulse shall in no event be liable for any lost profits, revenues, or business opportunities, loss of use, loss of data, loss of confidential or other information, business interruption and any other direct, indirect, special, incidental, criminal, subsequent or consequential damages whatsoever, whether based on contract, tort, negligence, product liability or otherwise, arising out of or in any way related to the use of or inability to use the Service or the support and maintenance services (if any) by You, regardless whether Digipulse has been advised or should have had knowledge of the possibility of such damages.

Force majeure

Digipulse will not be liable to You or to any other person for failure to perform or any delay in the performance of the Service due to fire, flood, war, riot, strike, explosion, lock out, injunction, natural disaster, interruption of transportation, acts of war, terrorism, labor disputes, acts of civil or military authority, power blackouts, computer viruses, or any other event beyond reasonable control of Digipulse.

Remedy

Aggregate liability, including any negligence on Your part, for all claims relating to the Service is limited to the amounts paid by You to Digipulse for the past (3) three months of the Service in question.

Indemnification

You shall indemnify, defend, and hold harmless Digipulse and its employees, affiliates, contractors, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, without limitation, reasonable attorneys’ fees) arising from or related to:

  • Any breach of these Terms by You.
  • Any infringement of Protected Content by You.
  • Any fraud or manipulation by You.
  • Any claims for infringement of any third party rights arising from or related to Your data.
  • Any claims of credit card fraud based on any information released by You.

 

Digipulse will reasonably notify You of any such claim or demand that it is subject to Your indemnification obligation.

Infringement of copyrighted materials

Digipulse will respond to notices of alleged copyright infringement if they comply with the applicable law and are properly provided to us. We will take whatever action we deem to be appropriate, in our sole discretion, such as deleting or disabling content alleged to be infringing and to suspend or terminate Services and accounts.

All infringement notifications must include:

  • Identification of the Protected Content claimed to be infringed.
  • The copyright owner’s contact information (including mailing address, telephone number, and email address).

 

Acceptable use

You agree not to misuse the Service or assist any third party to, or attempt to:

  • Access or use the Service in a way intended to improperly avoid incurring fees or misusing any promotions providing free storage.
  • Use the Service to access, change, damage, delete or edit data without authorization.
  • Use any unauthorized means to modify, reroute, or gain access to the Service.
  • Misrepresent Your identity, including without limitation by representing that You are a Digipulse employee or representative or another user of the Service.
  • Try to access the Service with unauthorized software.
  • Damage, disable, overburden or impair the Service or any network connected to the Service.
  • Use the Service, directly or indirectly, to offer any service that competes with the Service.
  • Participate in any group that encourages violation of these Terms.
  • Probe, scan, or test the vulnerability of any system or network.
  • Participate in any activity which interferes or may interfere with the efficiency of the Service.
  • Use the Service in a way that infringes Protected Content.
  • Use the Service to facilitate any mass mails, spam, chain letters, snowball systems, or similar communications, regardless of whether they are commercial in nature.
  • Use the Service to collect, store or transmit personal data of any person without such person’s consent.
  • Store or transmit any software or data containing any virus, malware, trojan, spyware or other software or program code that is malicious in nature.
  • Send us untruthful abuse reports.
  • Abuse Digipulse referrals to get more credit for referrals than deserved.
  • Violate the law in any way, or to violate the privacy of others, or to defame others.

 

Changes in Terms

We may revise these Terms from time to time due to changes in our Service and the laws that apply to us and You. If we make any revision, we will notify You to take notice of the “Last Updated” version of these Terms posted on our website. If a revision, in our sole discretion, contains a Material Change we provide You an email notification (30) thirty days before the change of Terms become effective. If You do not agree to the new terms, please stop using the Service.

Governing law and Jurisdiction

The Agreement shall be governed by and construed and interpreted in accordance with the substantive laws of Republic of Latvia.

Any dispute, controversy or claim arising out of this contract that are associated with it, or the breach, termination or invalidity thereof, will be subject to settlement in the Riga Arbitration Court, in accordance with the rules of the arbitral tribunal, composed of one arbitrator.

The language of the arbitration shall be English. The validity, interpretation, and construction of this contract shall be governed by the laws of Republic of Latvia.

These Terms and all associated Documentation to which they refer to have been written in the English language and the parties agree that the governing language is English.

All communications and any dispute associated with these Terms shall be in the English language.

Severability

If any provision of these Terms is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

Other agreements

These Terms and all associated documentation to which they refer to constitute the entire and exclusive agreement between You and Digipulse with respect to the Service, and supersede and replace any prior representations, understandings, contract or oral or written statements regarding Your use of the Service or the subject matter of these Terms.

Notices

You accept that we may send You notices or communications to Your email address provided during registration, or otherwise by any means, in our sole discretion, which by it is likely we can reach You. Any notice shall be deemed delivered if it was sent to Your email address provided during registration. It is Your responsibility to regularly check Your email account for new emails and to make sure emails from Digipulse can pass Your spam and/or other filters.

Expiration of claims

Both parties agree that except for claims related to the indemnification obligations above, all claims arising under or related to these Terms must be brought within (2) two years after the date the cause of action arose.

Waiver

The failure of either party to enforce a provision is not a waiver of its right to do so later. The waiver by Digipulse of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these Terms.

Third party services and content

The Service may contain features and functionalities linking You or providing You with certain functionality and access to third party websites and services. Digipulse has no influence on the contents of these linked pages, dissociates itself herewith explicitly from all such contents, and makes no warranty whatsoever with respect to such links, websites, or services.