1. Introduction
Welcome to Pulse! These Terms and Conditions govern your use of the Pulse! mobile application and related services (collectively, the "Service") operated by DVO Software House LTDA ("Company", "we", "us", or "our").
By downloading, installing, or using Pulse!, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Service.
2. Eligibility
You must be at least 13 years old to use Pulse!. By using the Service, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you are not permitted to use the Service.
If we become aware that a user is under 13 years of age, we will terminate their account and delete any associated data.
3. Account Registration
To use certain features of the Service, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your account information to keep it accurate and current
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
You must notify us immediately of any unauthorized access or use of your account.
4. Free and Paid Services
4.1 Free Tier
The free version of Pulse! includes:
- Up to 3 trackers
- Ability to join shared goals created by others
- Custom measurement units
- Ads
4.2 Plus Subscription
Plus subscribers receive all free features plus:
- Unlimited trackers
- Basic notifications and reminders
- Home screen widgets
- Data export functionality
- No Ads
4.3 Pro Subscription
Pro subscribers receive all Plus features plus:
- Create and manage shared goals
- Full tracking history
- Advanced statistics and analytics
- Early access to new features
- No Ads
4.4 Pricing
Current pricing for all subscription tiers is available in the app and on the Apple App Store and Google Play Store. You will always see the current price before confirming any purchase.
5. Subscription Billing and Cancellation
5.1 Billing
Subscriptions are billed in advance on a monthly or annual basis, depending on your chosen plan. Payment will be charged to your Apple App Store or Google Play Store account upon confirmation of purchase.
Your subscription will automatically renew unless canceled at least 24 hours before the end of the current billing period. Renewal will be charged within 24 hours prior to the end of the current period at the same rate.
5.2 Right of Withdrawal
In accordance with Brazilian Consumer Defense Code (Código de Defesa do Consumidor), you have the right to cancel your subscription within 7 (seven) days of the initial purchase for a full refund, provided you have not substantially used the paid features.
Important: By using premium features such as creating more than 3 trackers or creating shared goals, you acknowledge that you have received and consumed the digital service. This may affect your refund eligibility.
5.3 How to Cancel
You may cancel your subscription at any time through your device's app store settings (Apple App Store or Google Play Store). Cancellation will take effect at the end of the current billing period, and you will retain access to premium features until then.
5.4 Refunds
Refund requests after the 7-day withdrawal period are handled by Apple or Google, depending on where you made your purchase. We do not have direct control over these refund processes.
6. Shared Goals
6.1 Creating Shared Goals
Only Pro subscribers may create shared goals. By creating a shared goal, you agree to act as the administrator of that goal and take responsibility for managing participants.
6.2 Joining Shared Goals
All users, including free users, may join shared goals when invited. By joining a shared goal, you agree to have your username and progress data visible to other participants of that goal.
6.3 Data Visibility in Shared Goals
When participating in a shared goal, other participants can see:
- Your username
- Your progress toward the shared goal
No other personal information is shared with other participants.
7. User Conduct
You agree not to:
- Use the Service for any unlawful purpose or in violation of these Terms
- Harass, abuse, or harm other users
- Impersonate any person or entity
- Interfere with or disrupt the Service or servers
- Attempt to gain unauthorized access to any part of the Service
- Use the Service to transmit viruses, malware, or other harmful code
- Engage in fraudulent payment activities
- Use automated systems to access the Service without permission
8. Intellectual Property
The Service and its original content, features, and functionality are owned by DVO Software House LTDA and are protected by international copyright, trademark, and other intellectual property laws.
You retain ownership of any data you input into the Service (such as tracker names and progress data). By using the Service, you grant us a limited license to store, process, and display your data solely for the purpose of providing the Service to you.
9. Limitation of Liability
To the maximum extent permitted by applicable law:
- The Service is provided "as is" and "as available" without warranties of any kind, either express or implied
- We do not guarantee that use of the Service will help you achieve any particular goals or results
- We are not responsible for any indirect, incidental, special, consequential, or punitive damages
- We are not liable for any loss of data, profits, or emotional distress arising from your use of the Service
- Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid to us in the 12 months preceding the claim
Disclaimer: Pulse! is a tracking tool designed to help you monitor your habits and goals. We do not guarantee that using Pulse! will result in you achieving your personal goals. Your success depends on your own efforts and circumstances.
10. Account Termination
10.1 Termination by You
You may delete your account at any time through the app settings. Upon deletion, your data will be permanently removed from our servers, subject to any legal retention requirements.
10.2 Termination by Us
We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, with or without notice, for any reason, including but not limited to:
- Violation of these Terms and Conditions
- Fraudulent or illegal activity
- Harassment of other users in shared goals
- Abuse of the refund or payment system
- Any other conduct we deem harmful to other users or the Service
10.3 Effect of Termination
If we terminate your account for cause, you will not be entitled to any refund of prepaid subscription fees. If we terminate your account without cause, you will receive a prorated refund for any unused portion of your subscription.
11. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the app or by email at least 30 days before the changes take effect.
Your continued use of the Service after any changes indicates your acceptance of the new Terms. If you do not agree to the modified Terms, you should stop using the Service and delete your account.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Brazil, specifically the laws of the State of Santa Catarina.
Any disputes arising from these Terms or your use of the Service shall be resolved in the courts of Santa Catarina, Brazil, and you consent to the exclusive jurisdiction of such courts.
13. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
DVO Software House LTDA
CNPJ: 46.183.462/0001-92
Email: davidordine98@gmail.com