Contents
1. Acceptance of Terms
Welcome to PulseCast. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PulseCast ("Platform," "we," "us," or "our") governing your access to and use of the PulseCast platform, including all associated services, features, content, and functionality.
By accessing, browsing, or using PulseCast, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.
Your use of PulseCast is also subject to any additional terms, guidelines, and rules that may be posted on the Platform from time to time. All such additional terms are incorporated into these Terms by reference.
IMPORTANT NOTICE:
PulseCast involves the use of blockchain technology and digital tokens. Blockchain transactions are irreversible, and token values may fluctuate significantly. You acknowledge that you understand these risks and accept full responsibility for your participation in on-chain activities.
2. Eligibility
To use PulseCast, you must:
- Be at least 18 years of age or the age of legal majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Platform under applicable laws
- Not be located in, or a resident of, any jurisdiction where participation in blockchain-based platforms is restricted or prohibited
- Have access to a compatible cryptocurrency wallet
By using the Platform, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility at any time and to suspend or terminate accounts that do not meet these requirements.
Restricted Jurisdictions
Users from jurisdictions where cryptocurrency transactions or blockchain platforms are prohibited by law are not permitted to use PulseCast. It is your responsibility to ensure compliance with your local laws and regulations.
3. Account Registration
3.1 Wallet Authentication
PulseCast uses cryptocurrency wallet-based authentication. Your account is linked to your wallet address. You are solely responsible for:
- Maintaining the security of your wallet and private keys
- All activities that occur through your wallet address
- Any consequences resulting from unauthorized access to your wallet
3.2 Profile Information
When creating a profile, you agree to provide accurate, current, and complete information. You must not:
- Impersonate any person or entity
- Use a username that infringes on others' rights
- Provide false or misleading information
- Create multiple accounts for fraudulent purposes
3.3 Account Security
You are responsible for all actions taken through your account. If you suspect unauthorized access or security breaches, you must notify us immediately through our official channels. We are not liable for any losses resulting from unauthorized use of your account.
4. Platform Services
4.1 Service Description
PulseCast provides a platform that enables:
- Creation and management of tokenized publications ("Pulses")
- Publishing content with optional token-gated access
- Token creation and distribution through smart contracts
- Community engagement between creators and token holders
- Integration with third-party services and blockchain networks
4.2 Service Availability
We strive to maintain continuous platform availability but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to:
- Scheduled maintenance and updates
- Technical issues or system failures
- Blockchain network congestion or outages
- Force majeure events
4.3 Third-Party Services
PulseCast integrates with third-party services including blockchain networks, wallet providers, and external APIs. We are not responsible for the availability, accuracy, or functionality of these third-party services.
5. Creator Responsibilities
5.1 Content Ownership
As a creator, you retain ownership of the content you publish on PulseCast. By publishing, you grant us a non-exclusive, worldwide, royalty-free license to display, distribute, and promote your content on the Platform.
5.2 Token Issuance
When creating tokens through PulseCast, you acknowledge and agree that:
- You are solely responsible for the tokenomics and distribution of your tokens
- Tokens are deployed on public blockchain and cannot be modified after deployment
- You must not make false claims about token utility or future value
- You are responsible for compliance with applicable securities laws
5.3 Community Obligations
Creators are expected to:
- Deliver on commitments made to token holders
- Maintain transparent communication with their community
- Not engage in market manipulation or deceptive practices
- Respect the rights and expectations of their audience
5.4 Revenue and Taxes
Creators are solely responsible for reporting and paying any taxes applicable to earnings received through the Platform. PulseCast does not provide tax advice and recommends consulting with qualified tax professionals.
6. User Conduct
All users of PulseCast agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Engage in fraud, market manipulation, or deceptive practices
- Use automated bots or scripts without authorization
- Attempt to gain unauthorized access to Platform systems
- Interfere with the Platform's operation or other users' experience
- Distribute malware, viruses, or harmful code
- Harass, threaten, or abuse other users
- Create fake accounts or misrepresent your identity
- Circumvent any security measures or access controls
- Use the Platform for money laundering or other illegal financial activities
- Scrape or harvest data from the Platform without permission
- Engage in any activity that could damage our reputation
Violation of these conduct rules may result in immediate account suspension or termination, and may be reported to appropriate authorities.
7. Content Guidelines
7.1 Prohibited Content
The following content is strictly prohibited on PulseCast:
- Illegal content or content promoting illegal activities
- Content that infringes intellectual property rights
- Explicit sexual content involving minors
- Content promoting violence, terrorism, or hate speech
- Doxxing or unauthorized sharing of private information
- False or misleading information presented as fact
- Spam, phishing, or malicious content
- Content that violates privacy rights
7.2 Content Moderation
We reserve the right to review, moderate, and remove content that violates these guidelines. We may use automated tools and human review for content moderation. Decisions regarding content removal are at our sole discretion.
7.3 Reporting Violations
Users may report content violations through our official social channels. We will investigate reports and take appropriate action. False or malicious reports may result in penalties against the reporting user.
8. Intellectual Property
8.1 Platform IP
The PulseCast name, logo, website design, and all related intellectual property are owned by us or our licensors. You may not use our trademarks without prior written permission.
8.2 User Content License
By posting content on PulseCast, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and promoting the Platform.
8.3 Copyright Infringement
We respect intellectual property rights and expect users to do the same. If you believe your copyright has been infringed, please contact us through our official social channels with the following information:
- Identification of the copyrighted work
- Location of the infringing content on our Platform
- Your contact information
- A statement of good faith belief
9. Tokens & Transactions
9.1 Token Nature
Creator tokens on PulseCast are utility tokens that provide access to specific content and community features. They are NOT:
- Securities, shares, or equity in any entity
- Guaranteed to maintain or increase in value
- Redeemable for fiat currency through PulseCast
- Investment products or financial instruments
9.2 Transaction Finality
All blockchain transactions are final and irreversible once confirmed. We cannot reverse, cancel, or refund any on-chain transactions. You are solely responsible for verifying transaction details before signing.
9.3 Price Volatility
Token prices are determined by market forces and may fluctuate significantly. You acknowledge that you may lose some or all value of tokens you acquire. Never invest more than you can afford to lose.
9.4 Gas Fees
Blockchain transactions require gas fees paid to network validators. These fees are separate from any Platform fees and are not refundable. You are responsible for ensuring sufficient balance for gas fees.
Risk Acknowledgment
Cryptocurrency and blockchain technology involve significant risks including but not limited to: price volatility, smart contract vulnerabilities, regulatory uncertainty, and potential total loss of funds. By using PulseCast, you confirm that you understand and accept these risks.
10. Fees & Payments
10.1 Platform Fees
PulseCast may charge fees for certain services, including but not limited to:
- Token creation and deployment
- Content sales commissions
- Premium features and services
Current fee schedules are available on our documentation. Fees are subject to change with reasonable notice.
10.2 Creator Earnings
Creators receive earnings from paid content sales and token transactions as specified in our fee structure. Earnings are distributed in cryptocurrency to the creator's connected wallet address.
10.3 Refund Policy
Due to the nature of blockchain transactions and digital content:
- Blockchain transactions cannot be refunded
- Digital content purchases are generally non-refundable
- Exceptions may be made for technical issues preventing content access
11. Disclaimers
Important Legal Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Merchantability or fitness for a particular purpose
- Non-infringement of third-party rights
- Accuracy, reliability, or completeness of content
- Uninterrupted or error-free operation
- Security of the Platform or user data
We do not warrant that:
- The Platform will meet your requirements
- Results obtained will be accurate or reliable
- Errors or defects will be corrected
- The Platform is free of viruses or harmful components
We are not responsible for the actions, content, or data of third parties, including creators, users, or integrated services. Any reliance on such third parties is at your own risk.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULSECAST AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or goodwill
- Losses resulting from unauthorized access to your account
- Losses from blockchain transactions or smart contract interactions
- Losses from token value fluctuations
- Losses from third-party actions or services
- Losses from Platform downtime or technical issues
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN FEES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless PulseCast and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any third-party rights
- Your content or tokens created on the Platform
- Your interaction with other users
- Any fraudulent or illegal activity on your part
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
14. Termination
14.1 Termination by You
You may discontinue use of the Platform at any time. To request account deletion, contact us through our official social channels. Note that on-chain data cannot be deleted due to blockchain immutability.
14.2 Termination by Us
We may suspend or terminate your access to the Platform at any time for:
- Violation of these Terms
- Fraudulent, illegal, or harmful activities
- Requests from law enforcement or government agencies
- Extended periods of inactivity
- Technical or security issues
- Discontinuation of the Platform
14.3 Effects of Termination
Upon termination:
- Your right to access the Platform immediately ceases
- We may delete your off-chain data
- On-chain data and tokens remain on the blockchain
- Pending transactions may be processed or canceled
- Provisions that should survive termination will remain in effect
15. Dispute Resolution
15.1 Informal Resolution
Before initiating any formal dispute proceedings, you agree to first attempt to resolve any dispute informally by contacting us through our official social channels. We will attempt to resolve the dispute within 30 days.
15.2 Binding Arbitration
If informal resolution fails, any dispute shall be resolved through binding arbitration administered by a mutually agreed arbitration service. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding.
15.3 Class Action Waiver
YOU AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
15.4 Exceptions
Either party may seek injunctive relief in court for intellectual property infringement or other urgent matters requiring immediate judicial attention.
16. Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes:
- We will update the "Last updated" date at the top
- We will notify you through the Platform or via email
- We may require explicit acceptance of the updated Terms
Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. If you disagree with the changes, you must discontinue use of the Platform.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any additional terms, constitute the entire agreement between you and PulseCast regarding your use of the Platform.
17.2 Severability
If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
17.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
17.5 Notices
Notices to you may be provided through the Platform or public announcement. Notices to us should be sent through our official social channels.
17.6 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights in any individual or entity other than you and PulseCast.
18. Contact Information
For questions or concerns about these Terms of Service, please contact us through our official channels:
Acknowledgment
BY USING PULSECAST, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE PLATFORM.