Terms of Service

1. Eligibility and Account Registration

1.1 Age Requirement

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use this Service. By using Pulse, you represent and warrant that you meet this age requirement.

1.2 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

1.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information.

2. Service Description

2.1 Newsletter Service

Pulse is an AI-powered personalized newsletter service that aggregates, curates, and summarizes content from various third-party sources based on your stated preferences and interests. The Service uses artificial intelligence and machine learning technologies to select and present information.

2.2 Service Availability

We strive to provide uninterrupted service but do not guarantee that the Service will be available at all times. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

2.3 AI-Generated Content

You acknowledge that portions of the content delivered through Pulse may be generated, summarized, or curated using artificial intelligence. While we strive for accuracy, AI-generated content may contain errors, inaccuracies, or omissions. You should independently verify any information before relying on it for important decisions.

3. Subscription and Payment

3.1 Free Trial

New users may be eligible for a free trial period of seven (7) days. At the end of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

3.2 Subscription Fees

After the free trial, the Service costs $1.00 USD per week, billed weekly. All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.

3.3 Payment Processing

All payments are processed securely through Stripe, Inc. By providing payment information, you authorize us to charge your payment method for all fees incurred. You are responsible for ensuring your payment information is current and accurate.

3.4 Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting support. Cancellation will be effective at the end of your current billing period. No refunds or credits will be provided for partial billing periods.

3.5 Price Changes

We reserve the right to change our subscription fees at any time. We will provide you with at least 30 days' notice before any price increase takes effect. Your continued use of the Service after the price change constitutes your acceptance of the new pricing.

4. User Conduct and Restrictions

4.1 Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to any portion of the Service or any related systems
• Use any automated means (bots, scrapers, etc.) to access or collect data from the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission
• Use the Service to send spam or unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Share your account credentials with any third party

4.2 Violation Consequences

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, terminating your account, reporting such conduct to law enforcement authorities, and pursuing civil remedies.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service, including all content, features, functionality, software, and technology, is owned by remembr.xyz and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks, service marks, and logos may not be used without our prior written consent.

5.2 Third-Party Content

The Service may include content sourced from third parties. Such content remains the property of its respective owners. We do not claim ownership of third-party content and are not responsible for its accuracy, legality, or appropriateness.

5.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only.

6. Disclaimers

6.1 "As Is" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantees

We do not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from using the Service will be accurate or reliable; (d) any errors in the Service will be corrected.

6.3 Content Accuracy

We do not guarantee the accuracy, completeness, timeliness, or reliability of any content provided through the Service. The content is aggregated from third-party sources and may contain errors, omissions, or outdated information. You should not rely on the Service as your sole source of information for any important decisions.

6.4 Investment and Professional Advice

Nothing in the Service constitutes investment, legal, tax, medical, or other professional advice. The content is for informational purposes only. Always consult qualified professionals before making any financial, legal, health, or other important decisions.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REMEMBR.XYZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

You agree to indemnify, defend, and hold harmless remembr.xyz, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) any content you submit or transmit through the Service.

9. Dispute Resolution

9.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at legal@remembr.xyz to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 60 days from the date of your notice.

9.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Service shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in English and held in Delaware, USA, or at another mutually agreed location.

9.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

9.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware for any actions not subject to arbitration.

11. Termination

11.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account dashboard or by contacting us at support@remembr.xyz.

11.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

11.3 Effect of Termination

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and remembr.xyz regarding the Service and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14. Contact Information

If you have any questions about these Terms, please contact us:

• Email: legal@remembr.xyz
• Support: support@remembr.xyz
• Website: pulse.remembr.xyz