PulseDX Terms of Use

Thank you for using the website performance diagnostics service provided by PulseDX.com (the "Service"). PulseDX (hereinafter referred to as "We") is committed to providing "Users" (hereinafter referred to as "You") with access to our Service. Please read the following terms and conditions carefully as they will affect your legal rights and obligations when using the Service.

Acceptance of Terms

Whether you have been or are currently our customer, you acknowledge that you have read all of the Terms of Use (hereinafter referred to as the "Terms") before using the Service. By using the Service, you are indicating that you understand, agree to, and accept all of the Terms, as well as our Privacy Policy and Cookie Policy:

(1) The content of the Terms may change periodically.
(2) We will post any changes and the date of the changes on this page, with the date of the change also displayed at the top of the page, so that you can be informed of the specific details of the changes. This statement also applies to our Privacy Policy and Cookie Policy.
(3) Your continued use of the Service following any changes to the Terms will mean that you accept and agree to any changes to the Terms.
(4) If you do not agree to abide by the Terms of Service, you should not register, log in, access or use any services on our website.
(5) If you violate our Terms, we may suspend or terminate your use of the Service, subject to the specific terms described below.
(6) The original text of these Terms is in English. In the event of any conflict between a translated version and the English original, the English version shall prevail.

General Terms and Conditions

1. Registration

You must register a unique account with PulseDX (hereinafter referred to as "Account"). You must: (1) link a usable social media account (including but not limited to Facebook, Gmail accounts) and such other information as we may require from time to time; or (2) provide an account name and a valid email address along with such other information as we may require from time to time. You are responsible for the security of your account and are fully responsible for all activities that occur under your account. Your account may only be used by you and may not be shared with or transferred to any other person. If you become aware of any suspected or actual unauthorized use or impersonation of your account, or any other breach of security, you must contact us immediately via the "Contact Us" page.

Once an Account is registered, you may create an online profile (hereinafter referred to as a "Personal Profile"). By creating a Personal Profile, you agree to: (1) provide accurate, current and complete Personal Information; (2) accept full responsibility for the Personal Information and the information you provide. If we have reason to doubt the authenticity, accuracy, or compliance with our terms and conditions of your Personal Information, we reserve the right to delete your Personal Information, suspend or terminate your account.

2. Eligibility

By agreeing to these Terms, you represent and warrant to us that:

(1) You are at least eighteen (18) years of age; (2) Your use of the Site Services must comply with all applicable laws and regulations; (3) You have not previously been suspended, terminated or had your account terminated by us from the Site.

3. Compliance with the Children's Online Privacy Protection Act (COPPA)

You agree and certify that the website you use for the Service complies with the Children's Online Privacy Protection Act (COPPA). By beginning to use the Service, you agree that the website you are using follows the applicable scope of COPPA.

The PulseDX website service platform (www.PulseDX.com) also complies with COPPA, does not target its services to children, and does not collect personal information from children under the age of 13.

4. Privacy Policy

We value your privacy. Any personal information you submit to our website platform when creating an account is subject to our Privacy and Cookie Policy (view the full Privacy and Cookie Policy at https://www.PulseDX.com/pages/privacy), which is incorporated into these Terms of Use.

You understand that by using our Service, you have authorized us to collect and use the information you provide without violating our Privacy and Cookie Policy. You further understand, acknowledge and agree that (1) you are fully responsible for any information you provide in your Personal Profile; (2) we are not responsible for the use of any information you provide in your Personal Profile if such information has already been disclosed, in whole or in part, on public platforms or public areas of third parties.

5. Consent to Authorization

By using the Service, you confirm that the host used by your original website can continue to operate and you authorize PulseDX to copy and parse the text, objects and source code format within the website to provide you with complete diagnostic results and recommendations.

If a third party platform or organization (including, but not limited to, search engines, social media platforms or organizations) displays in any media format or through any media channel (presently known or developed in the future) all or any portion of the diagnostic content you have posted on the Service, and if you have any questions or disputes about the content displayed by the third party platform or organization, you agree to deal solely with the third party platform or organization (including, but not limited to, identification, communication, mediation or litigation). PulseDX shall have no liability and shall not be required to pay any damages or costs to you.

6. Abuse and Infringement

Except as otherwise provided in the Additional Terms of this Service, PulseDX is a multi-regional website diagnostic service, not a web hosting service provider. Therefore, we cannot remove inappropriate or infringing material from your own website or from third-party websites.

You are distributing content to other online media through the diagnostic process of this service. You represent and warrant that any diagnostic content you post (including, without limitation, any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other material) is either your own website diagnostic content (hereinafter referred to as "Website Diagnostic Content") or website content posted after obtaining the necessary permissions from such third parties. You are fully responsible for the Website Diagnostic Content that you publish, and we will not be liable for any loss or damage caused by any Website Diagnostic Content published through this Service.

You acknowledge and agree that we may preserve Site Diagnostic Content and may also preserve or disclose Site Content if required to do so by law or in situations where we have a good faith belief that such action is necessary to: (1) comply with legal process; (2) enforce the Terms; (3) respond to claims that any Site Content violates the rights of third-parties; or (4) protect the rights, property, or personal safety of us, our customers, or the public.

6.1 Inappropriate Content

We proactively monitor the Website Diagnostic Content published through our Service. If, in our reasonable opinion, any Website Diagnostic Content is deemed or reported to be "Inappropriate Content", we reserve the right to delete such Website Content. "Inappropriate Content" is defined as:

(a) Content that is offensive, indecent, objectionable, tasteless, inappropriate, malicious, threatening, unlawful, defamatory, infringing, abusive, inciting, harassing, vulgar, obscene, fraudulent, or in violation of privacy rights, publicity rights, human rights, and personal rights, or any content that is discriminatory in terms of race, ethnicity, gender, politics, or other aspects against human rights;
(b) Content in the form of advertising, including, but not limited to, Internet junk mail, spam, illegal marketing, pyramid schemes, or any other form that could be considered as inducing participation in illegal financial activities;
(c) Display any third party's private information, including, but not limited to, contact information, financial information, or personal information about living or deceased individuals;
(d) Content that you do not have a right to publish under any applicable law, contract or fiduciary relationship, including, but not limited to, inside information, proprietary information, confidential information obtained through employment or business cooperation or nondisclosure agreements;
(e) any content that contains our software code that has been posted without our express consent;
(f) Content that constitutes, encourages, or provides instructions for criminal activity, terrorist activity, or other illegal and criminal activity;
(g) Content that, in our sole discretion, is offensive or that may restrict or inhibit other customers' use and enjoyment of our service;
(h) content that, in our sole discretion, may endanger us or our customers or expose us or our customers to legal liability.

Although we actively monitor and may pre-screen some website content, some inappropriate content may not be immediately apparent to us. By using our Service, you acknowledge and agree that you may be exposed to inappropriate content and that we are not responsible for any inappropriate content posted through our Service. We reserve the right (but not the obligation) to unilaterally refuse, move, or delete any inappropriate content that we determine violates our terms. If such a violation of inappropriate content occurs, your right to use the Service will be immediately suspended or permanently terminated.

6.2 Inappropriate Conduct

You are fully responsible for the Account you register and the Website Diagnostic Content you publish and you warrant that the publication of your Website Diagnostic Content and use of this Service will not:

(a) damage, infringe or violate in any way the intellectual property rights of any third party;
(b) harm minors in any way;
(c) threaten, stalk, ridicule, assault, frighten, obstruct, or otherwise harass others;
(d) Intentionally or unintentionally violate any local, national or international law;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; or
(f) Overload the Application or damage or interfere with the operation of the Application, Website or Service;
(g) be used for relay services to connect to other websites; or
(h) be used to harvest or collect email addresses or other personal information from other customers for any purpose, including, but not limited to, sending spam or unsolicited messages; or
(i) be used to register multiple account;
(j) be used to register accounts for anyone other than yourself;
(k) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(l) misuse our service by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; intentionally or unintentionally interfere with, damage, or violate any law relating to the use of the Platform; violate any requirements, procedures, policies or regulations of any network connected to the Platform; or engage in any activity prohibited by the Terms;
(m) contain any content that could damage, disable, overburden, or impair any server or the network(s) connected to any server, or interfere with any other party's use and enjoyment of any web site;
(n) share any media or engage in any activity that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(o) attempt to gain unauthorized access to the Service, the server on which the Service is stored, or any server, computer or database connected to the Service;
(p) Conduct a denial of service or distributed denial of service attack against our site;
(q) violated the terms and conditions of the hosting provider, Amazon (AWS Acceptable Use Policy, https://aws.amazon.com/aup/).

If you violate this provision, we may report such violation to appropriate law enforcement authorities, and we will cooperate with such authorities by disclosing your identity to them. If you engage in such inappropriate conduct, your right to use the Service will be immediately suspended or permanently terminated.

7. Service Fees

The website performance testing services provided by our service allow free members to enjoy a single test item service. In addition, all testing services operate on a quota purchase system. You can always check our current service prices at https://www.PulseDX.com/price/. Our fees depend on various service plans and promotions; therefore, we reserve the right to update our service fees at any time.

7.1 Service Plan Selection

The billing method for our Service is based solely on a quota purchase system, with the current rates published on our website. You agree to bear any additional taxes that may apply to all fees payable in the country or region where your company is registered.

7.2 Diagnostic Quota Usage Calculation Method

Our "Diagnostic Quota" calculation method is based on the resource usage required for each test condition. Specifically, the minimum unit for each test condition quota is 1 credit. Currently, different diagnostic functions and test conditions will consume different quotas.

• User Experience Diagnostics: One test condition will use 1 credit of Diagnostic Quota.
• Page Speed Diagnostic: One test condition will use 1 credit of Diagnostic Quota.
• Keyword Ranking Diagnostic: One test condition will use 2 credits of Diagnostic Quota.

Different test conditions require different servers to run the corresponding reports, so the number of test conditions you choose directly affects your quota usage.

To help you better understand how diagnostic quota are calculated, here are some examples of common diagnostic items and a demonstration of the corresponding diagnostic quota usage:

Item	Diagnostic Conditions	Quota Consumption
Page Speed (Unit: 1 credit)	1 Device x 1 Region x 1 Webpage	1 credit
User Experience (Unit: 1 credit)	1 Device x 1 Region x 1 Webpage	1 credit
Keyword Ranking (Unit: 2 credits)	1 Device x 1 Region x 1 Webpage x 1 Keyword	2 credits
Page Speed (Unit: 1 credit)	1 Device x 3 Regions x 2 Webpages	6 credits
User Experience (Unit: 1 credit)	2 Devices x 5 Regions x 1 Webpage	10 credits
Keyword Ranking (Unit: 2 credits)	1 Device x 8 Regions x 2 Webpages x 5 Keywords	160 credits
Total		180 credits

This calculation method ensures fair allocation of resources and helps you manage your diagnostic quota effectively.

7.3 Subscription, Renewal, Cancellation, Refunds, Usage Period, and Restrictions of Diagnostic Quota

(1) Subscription Activation

Once you confirm your subscription plan and complete the payment process, your subscribed diagnostic quota will be activated, and you will enjoy the corresponding services according to the subscription plan.

(2) Automatic Renewal

By completing the plan subscription, you agree to automatic renewal. When the subscription expires, we will automatically charge your selected payment method based on your chosen diagnostic quota plan and complete the renewal process automatically. You can cancel the automatic renewal setting at any time.

Please note:

(i) If your payment method does not support automatic renewal, or if the credit card expires, automatic renewal cannot be processed. Once you receive the system notification, you can choose to renew and proceed with payment;
(ii) Canceling automatic renewal will not result in a refund, nor will it stop any services within the valid quota; it will only stop any future automatic payments for diagnostic quota.

(3) Subscription Cancellation and Refunds

You understand and agree that by purchasing the paid service plans offered by PulseDX, you have confirmed that all features and services provided by PulseDX are satisfactory. Once you confirm the purchase of a paid service plan, no refund service will be provided. Service will continue until your diagnostic allotments are exhausted or your service is terminated for violation of the Terms of Service.

However, you may proactively contact PulseDX to cancel your purchase of diagnostic quota and request a refund under the following conditions

(i) You provide sufficient evidence that the payment was fraudulent or unauthorized;
(ii) To comply with credit card industry rules, ACH industry rules, PayPal's terms of service, applicable local laws and regulations, and the requirements and orders of verified judicial or law enforcement authorities;
(iii) Any other reason that PulseDX deems appropriate.

All requests must be reviewed and approved by PulseDX. PulseDX reserves the right to cancel the purchase of diagnostic allotments. If you meet the above conditions and are confirmed eligible for cancellation upon review, we will issue a refund to your original payment method according to your payment method. You understand and agree that any taxes or fees associated with third party refunds will be paid by you or deducted from the refund amount.

(4) Duration and Limitations of Diagnostic Quota

Once you purchase diagnostic quota, the Service will reserve all of the purchased diagnostic quota for you until they are completely used. Therefore, your diagnostic quota will not disappear or diminish before they are fully used.

Restrictions on use of diagnostic quota:

(i) Restrictions During Testing: To avoid overloading the site with multi-region tests, you must abide by certain restrictions on testing conditions when using the testing service. These include restrictions on the number of devices, regions and keywords selected.
(ii) Refund Abuse and Terms of Service Violations: Accounts that engage in abusive behavior or violate the Terms of Service may be subject to suspension or termination of future services and payment support by us.

The above provisions are designed to help you better understand and comply with our Terms of Service, and to ensure that you can take full advantage of the testing services we provide.

8. Account Suspension, Termination and Deletion

8.1 Account Suspension and Termination

If we have reason to believe that you have violated the Terms of Use or engaged in conduct that is inconsistent with the Terms of Use, we reserve the right to modify, suspend, or permanently terminate your account and your rights to use the Service at any time. You will not receive a refund for any remaining diagnostic quota. Upon termination, all licenses to use the Service will be revoked, and we reserve the right to delete your account, all your personal information, and your Content. You agree that we will not be liable to you for any modification or termination of the Service. Please note that due to technical reasons beyond our control, we are not responsible for deleting messages and content in your Personal Data. You acknowledge and agree that some Content may remain after deletion of your Personal Information and that your license to the Content will not be revoked or terminated.

8.2 Account deletion

You may delete your account and stop using the Service at any time by selecting "Delete Account" from your personal profile settings page. Once you delete your account, all licenses to use the Service will be revoked and you will no longer have access to your account and personal information. We will delete all information contained in your Personal Information. Please note that due to technical reasons beyond our control, we are not responsible for deleting messages and content in your Personal Information. If you have unused diagnostic quota at the time of account deletion, you will not receive a refund for any remaining diagnostic quota.

9. Third Party Sites

Your use of this Service may include content owned by third parties and links to other websites, including Google Analytics, Facebook, YouTube, or other websites not owned by you (referred to as "Third Party Sites"). Such linked sites are not under the control of our Service, and we are not responsible for their content. In addition, Third Party Sites are not under the control of our Service, and we are not responsible for the content or privacy policies (including, but not limited to, links provided on Third Party Sites) of, or any changes or updates to, Third Party Sites. We may provide you with Third Party Content and perform related diagnostics on Third Party Sites, but such diagnostic reports are provided solely for your review. Our access to third party content and third-party websites does not imply our endorsement or recommendation of the third party.

You further acknowledge and agree that we are not responsible for any direct or indirect damages or losses resulting from your sharing, posting or use of diagnostic reports due to the use of content, products or services provided by third party websites. We are not responsible for the content you may discover or access on third-party websites through our service. We are also not responsible for the content available on third-party websites, which may be protected by copyright and the applicable intellectual property laws of any country.

10. Ownership

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code, object code and executable code), products, software, services and all other elements provided by PulseDX are protected by intellectual property rights, proprietary rights and applicable laws. All materials contained on the Site are the property of PulseDX or our third-party licensors. You may not use these elements (materials) unless expressly authorized by PulseDX. PulseDX reserves all rights not expressly granted in this Agreement.

11. Copyright and Intellectual Property Rights

We respect the intellectual property rights of others, and you must do the same. In appropriate circumstances, we may, in our sole discretion, terminate accounts that infringe the intellectual property rights of others.

If any entity or individual believes that diagnostic content posted by a user constitutes copyright infringement or other abusive behavior, it may submit a copyright infringement or abuse claim to us using the online form at https://www.PulseDX.com/contact. Upon submission, please provide the following copyright claim information.

(1) The electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest and proof of validity;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Site;
(4) Your address, telephone number, and email 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.

12. Disclaimer of Warranty

The Service is provided based on the website(s) specified by you for diagnostic purposes in several regions. You expressly understand that we have no obligation to monitor, control or review any content or data displayed on the Site. If you understand and agree to use the Service, you do so at your own discretion and risk. We make no claims or promises about the quality, accuracy, or reliability of your site and expressly disclaim all warranties, express or implied, on the site, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We and our directors, employees, contractors, suppliers, affiliates, agents and licensors do not warrant that our diagnostic services or any content will always be available, will operate without interruption, or will be free of system vulnerabilities and viruses; you are responsible for using your own anti-virus software. You are responsible for configuring your information technology, computer programs, platform, including computers, tablets, mobile phones or other devices, to access and use our service. We may suspend, withdraw or limit the availability of all or any part of our Service for business, operational or other reasons. We will attempt to provide reasonable notice of any suspension or withdrawal.

To the maximum extent permitted by applicable law, we make no warranties of any kind, either express or implied, including, but not limited to, implied warranties of fitness for a particular purpose with respect to the Service. We make no representations, warranties or guarantees as to the accuracy of, and assume no liability in connection with, the diagnostic reports generated by your use of our diagnostic services and any other content provided through the Service. The Service may be subject to interruptions, slow access, restricted access, or unavailability during peak periods, system upgrades, regular or irregular maintenance periods, or for other reasons beyond our control.

13. Limitation of Liability

You acknowledge and warrant that we, our directors, employees, contractors, suppliers, affiliates, agents and licensors shall not be liable for any damages, including but not limited to lost profits, inaccurate results, loss of or damage to your content or data, costs of recovering data or content, inability to access the Service, or any indirect, incidental, consequential or punitive damages, costs to restore your data or content, inability to use the service, costs of substitute services, or any indirect, incidental, special, consequential or punitive damages to computers, software, modems, phones or other property, even if we have been advised of the possibility of such damages. You agree that you may use the Service for any commercial or business purpose within the Terms, but we will not be liable for any lost profits, business interruption, or loss of business opportunity.

We do not exclude or limit our liability in any circumstances where this is not permitted by law, including liability for personal injury caused by our negligence or that of our employees, agents or sub-contractors, or for fraud or fraudulent misrepresentation.

If you have any dispute with any other Internet user relating to the use of the Service or arising out of or in any way connected with the Service, you agree to handle and resolve such dispute independently and completely, and to indemnify us against any and all claims and damages arising from such dispute.

14. Indemnification

You agree to be responsible for your use of the Service and agree to defend, indemnify, and hold harmless PulseDX and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (1) your access to, use of, or alleged use of the Site; (2) your breach of these Terms or any representation, warranty or agreement referred to herein, or any applicable law or regulation; (3) your violation of any third party rights, including, without limitation, intellectual property, publicity, confidentiality, property or privacy rights; or (4) any dispute or matter between you and any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to such matter), and in such event you agree to cooperate with our defense of such claim.

You agree that, to the maximum extent permitted by applicable law, our total liability to you for all damages arising out of the paid services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the amount paid by you for the services in the 12 months prior to the date of the claim. This maximum liability will not vary depending on the number of claims you make. If you have not paid any fees and your use of the Service is limited to free services, you are not entitled to any damages.

15. Applicable Laws

You agree that any arbitration shall be conducted in a court of competent jurisdiction within Taiwan ("Court"), and any court of competent jurisdiction may enter judgment on the awards proposed by both parties in the arbitration.

16. Changes to the Agreement

PulseDX reserves the right to change these Terms at any time. The revised version of these terms will be posted on this website. Unless otherwise stated, any changes to the Terms will be effective on the date they are posted on this Site. If you do not agree to the revised Terms of Use, your sole remedy is to discontinue using all services provided by this website.

17. General Information

The original version of these Terms was written in English. In the event of any inconsistency between a translated version of these Terms and the original English version, the English version shall prevail. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the complete and exclusive statement of the entire agreement between you and PulseDX with respect to your use of and access to the services on this Site. Without our prior written consent, you may not assign or transfer these Terms or any of your rights, in whole or in part, by operation of law or otherwise. We may assign these Terms at any time without notice. Failure to enforce any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or of any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section titles in these Terms is for convenience only and shall not affect the interpretation of any provision. If any part of these Terms is found to be invalid or unenforceable, the unenforceable part shall be enforced to the maximum extent permissible, and the remaining parts shall remain in full force and effect.