Terms of Service

"This Terms of Service (“TOS”) is made and effective as ofthe date of acceptance, by and between you and MyPulse Sdn. Bhd. Asreferred to in this Terms of Service, “we”, “us”, “our”and “MyPulse Sdn. Bhd.” refers to MyPulse Sdn. Bhd. while “you”,“your” and “Client(s)” means the MyPulse Sdn. Bhd. User (ifregistering for or using MyPulse Sdn. Bhd. Services as an individual)or the business employing the MyPulse Sdn. Bhd. User (if registeringfor or using MyPulse Sdn. Bhd. Services as a business) and any of itsaffiliates. “Site” refers to a World Wide Web site and “MyPulseSdn. Bhd. Site” refers to the Site located at the URL(https://mypulse.pro)or any other successor sites owned or maintained by MyPulse Sdn. Bhd.WHEREAS, MyPulse Sdn. Bhd. owns, distributes and provides variousproducts and services for conducting business on the Internetincluding: web hosting, domain registration, e-commerce solutions andthe MyPulse Sdn. Bhd. family of services (hereinafter collectivelyreferred to as the “Services”). WHEREAS, you desire to utilizesome or all of the Services to develop, enhance or maintain yourbusiness and/or presence on the Internet.

MyPulse Sdn.Bhd. (Company No. 201301029629/ 1512413-D) is an eCommerce platformprovider that allows you to build your own online webstore (“Store”)as well as sync multiple online and offline sales channels to manageproduct, inventory and order fulfillment. MyPulse Sdn. Bhd. islocated at UNIT 37-2, LEVEL 37, Q SENTRAL NO.24, JALAN STESEN SENTRAL2 KUALA LUMPUR SENTRAL KUALA LUMPUR WILAYAH PERSEKUTUAN

By subscribingMyPulse Sdn. Bhd. Services, you accept that you have read andunderstand, and agree to be bound by the terms and conditions setbelow and any future amendments thereto (“Terms of Service”). IFYOU DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, KINDLY DO NOTPROCEED WITH SUBSCRIPTION.

1. MY PULSE SDN. BHD. SERVICES

MyPulse Sdn.Bhd. agrees to provide you the Services agreed upon between MyPulseSdn. Bhd. and you as selected by you in MyPulse Sdn. Bhd.’scustomer database that is specified at MyPulse Sdn. Bhd. Sites.

2. PAYMENT, INVOICING AND REFUND 2.1 In consideration of the performance of the Services, you shall pay MyPulse Sdn. Bhd. yearly in advance the amount set forth in MyPulse Sdn. Bhd.’s customer database as such records are amended from time to time for the Services during the term of this TOS. 2.2 You shall receive a confirmation letter via e-mail at the time you contract for the Services, which shall confirm the fees payable to MyPulse Sdn. Bhd. Thereafter, you shall receive a yearly billing statement for the upcoming month. The yearly billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days’ notice as set forth in Section 2.4 herein. 2.3 You are responsible for all activities and charges resulting from your use of the Services. You agree to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by you and set forth in the yearly billing statement. You acknowledge that no refunds will be given by MyPulse Sdn. Bhd. in the event that your account is terminated by MyPulse Sdn. Bhd. or your mid-term. In the event of a breach of security, you will remain liable for any unauthorized use of the Services until you notify MyPulse Sdn. Bhd. by sending an e-mail with account information to sales@MyPulse.my. 2.4 Current rates for using the Services may be obtained on our website at www.MyPulse.my. MyPulse Sdn. Bhd. reserves the right to change fees, surcharges, yearly membership fees or to institute new fees at any time. In addition, MyPulse Sdn. Bhd. may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to you upon sign up. If MyPulse Sdn. Bhd. does not receive the full amount of your Service account balance within thirty (30) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to your bill and shall be due and payable. You shall also be responsible for all attorney and collection fees arising from MyPulse Sdn. Bhd.’s efforts to collect any unpaid balance of your account(s), and MyPulse Sdn. Bhd. may terminate your account immediately without further notice. 2.5 Refund 2.5.1 Domain registration/transfer/renewal services is not refundable once sold. 2.5.2 All sales of hardware including but not limited to POS (Point-of-sale) & PDA device are final and non-refundable. Once the purchase is made, the customer acknowledges and agrees that they will not be entitled to a refund for any reason, including but not limited to change of mind, product compatibility issues, or unused hardware. 2.5.3 Ecommerce packages of the Unicart Series, MyPulse Sdn. Bhd. ERP Series, MyPulse Sdn. Bhd. Lite Series, MyPulse Sdn. Bhd. Multichannel and MyPulse Sdn. Bhd. Webstore Series are entitled for 14 days money back guarantee. All refund will have to deduct domain fee (if applicable any). After 14 days, Unicart Series, MyPulse Sdn. Bhd. ERP Series, MyPulse Sdn. Bhd. Lite Series, MyPulse Sdn. Bhd. Multichannel and MyPulse Sdn. Bhd. Webstore Series packages are not refundable once sold. 2.5.4 Product or services that are not mentioned above are not refundable once sold.
4. RESPONSIBILITIES AND RIGHTS OF MY PULSE SDN. BHD. 3.1 Means of Performance. MyPulse Sdn. Bhd. shall provide you with the MyPulse Sdn. Bhd. services, as described at www.MyPulse.my hereto. MyPulse Sdn. Bhd. has the right to control and direct the means, manner, and method by which the services are performed. 3.2 Support. MyPulse Sdn. Bhd. shall provide a reasonable level of technical support to you via email or Web page for the term of this TOS. 3.3 Other Work. MyPulse Sdn. Bhd. has the right to perform and license products to others during the term of this TOS. MyPulse Sdn. Bhd. may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its clients. MyPulse Sdn. Bhd. reserves the right to block any site hosted by MyPulse Sdn. Bhd. that contains any content that MyPulse Sdn. Bhd. deems in its sole discretion to be unacceptable or undesirable. 3.4 MyPulse Sdn. Bhd. holds the right to modify or terminate the Service for any reason, without notice at any time. 3.5 MyPulse Sdn. Bhd. reserves the right to refuse service to any party for any reason at any time. 3.6 MyPulse Sdn. Bhd. has the right to remove Web Store Content containing unlawful, offensive, threatening, libelous, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 3.7 MyPulse Sdn. Bhd. does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service. 3.8 MyPulse Sdn. Bhd. has the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. 3.9 In the event of a dispute regarding Account ownership, MyPulse Sdn. Bhd. reserves the right to request documentation to identify and confirm Account ownership. Documentation may include a scanned copy of your SSM business license certificate, Company letterhead and so forth. 3.10 MyPulse Sdn. Bhd. has the right to determine, make final judgement of the rightful Account ownership and transfer the Account to the rightful owner. 3.11 If we are unable to reasonably determine the rightful Account owner, MyPulse Sdn. Bhd. reserves the right to temporarily disable the Account until resolution has been determined between the disputing parties.
6. RESPONSIBILITIES AND RIGHTS OF CLIENT 4.1 Client. You represent and warrant that (i) You are at least eighteen (18) years of age, (ii) You possess the legal right and ability to enter into this Terms of Service, and (iii) the performance of your obligations and use of the Services by you, your customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other MyPulse Sdn. Bhd. clients’ use of Services. You assume all risks related to processing of transactions related to electronic commerce. You agree to provide MyPulse Sdn. Bhd. with accurate, complete and updated information required by the registration of the MyPulse Sdn. Bhd. host service (your Registration Data

4.10 Marketing Rights

You grantMyPulse permission to mention you or your business in their marketingmaterials, website, and communications with clients. This includes alimited license for MyPulse to use your trade name and/or trademarkfor these purposes.

4.11 Copyright Violations

MyPulse willhandle copyright infringement reports in accordance with the DigitalMillennium Copyright Act (DMCA) and other applicable laws. Reportsnot compliant with the DMCA will not be processed. MyPulse willfollow DMCA guidelines for dealing with such reports.

4.12 System Resource Usage

If your accountis using excessive system resources, MyPulse may temporarilydeactivate it. If deemed necessary, they may give you a ten-daynotice to upgrade to a dedicated server or find a new provider.MyPulse will decide what constitutes a violation and handle eachaccount on a case-by-case basis.

4.13 Domain Parking Circumvention

You cannotbypass domain parking restrictions by redirecting traffic from parkeddomains to other sites. Separate content for multiple domainsrequires using domain pointers.

4.14 Backups

MyPulseprovides nightly backups for administrative purposes but does notguarantee them. You are responsible for maintaining your own backups.MyPulse is not liable for lost data, even if due to their negligence.Always back up your site content to your personal computer.

4.15 Support Abuse

MyPulse expectsrespectful interactions with their staff. Rude or demeaning behaviormay lead to account suspension or termination, with a ten-day noticeto find a new host. Refunds will be issued only for unused portionsof pre-paid services.

4.16 Unsolicited Email (SPAM)

Sendingunsolicited email (SPAM) from MyPulse servers or using their emailaddresses is strictly prohibited. Violating SPAM policies will resultin immediate account deactivation without a refund. Report SPAMviolations to MyPulse's abuse department.

4.17 Server Abuse

Any attempt toharm MyPulse servers or clients is prohibited. Violators will havetheir accounts deactivated without a refund, and information aboutthe abuse will be provided to authorities.

4.18 Failure to Follow Policies

Failure tocomply with these terms may result in account suspension ordeactivation, with or without a refund, at MyPulse's discretion.Accounts must adhere to these policies. MyPulse may remove anyaccount without prior notice for policy violations, forfeiting anyrefund rights.

5. Limitation of Liability, No Other Warranty and Disclaimer

5.1 Limitation

Any limitedguarantees provided by MyPulse are void if you breach their policiesor terms.

5.2 No Other Warranty

MyPulse doesnot control the content transmitted through its services and providesthe services "as is." Use of the services is at your ownrisk, and MyPulse disclaims all warranties, including those ofmerchantability, fitness for a particular purpose, andnon-infringement. They do not guarantee uninterrupted or error-freeservices and are not liable for lost profits or damages.

5.3 Disclaimer of Actions Caused by and/or Under the Control of ThirdParties

MyPulse cannotcontrol the flow of information on the internet and disclaimsliability for disruptions caused by third parties.

6. Intellectual Property and Customer Content

6.1 Images in Templates

Images used inMyPulse templates are for illustration purposes and belong to theirrespective owners. MyPulse does not claim intellectual propertyrights over these images or the material you upload.

6.2 Removing Your Store

You can deleteyour MyPulse store at any time by deleting your account.

6.3 By Uploading Store Content

You allowinternet users to view your content, permit MyPulse to display andstore it, and acknowledge that MyPulse can review your content.

6.4 Ownership of Store Content

You retainownership of your uploaded content but agree to make it publiclyviewable. You are responsible for ensuring your content complies withapplicable laws.

6.5 Confidential Information

MyPulse willnot disclose your confidential information, except as required forproviding services. Confidential information excludes publicly knowninformation, information disclosed through no fault of MyPulse,information received from others without confidentiality breaches,and information required by law to be disclosed.

6.6 Use of Your Store's Trademarks

MyPulse can useyour store's names, trademarks, service marks, and logos to promotetheir service.

6.7 No Proprietary Rights Granted

These terms donot grant you any proprietary rights over MyPulse's software andtechnology. You must not sublease the services, reverse engineer thesoftware, or alter copyright notices without permission.

6.8 MyPulse Trademarks

"MyPulse"and its logos are trademarks of MyPulse Sdn Bhd. All content on theMyPulse website is copyrighted by MyPulse Sdn Bhd.

7. Indemnification

You agree toindemnify MyPulse and its affiliates, agents, employees, andlicensors from any claims arising from your violation of these termsor any third party rights, including infringement of copyrights orprivacy rights. MyPulse and its third-party service providers willnot be liable for any damages resulting from the use of theirservices.

8. Site Content Modification and Termination (Exit Plan)

8.1 Without Cause

Either partycan terminate these terms with five days' notice. You must pay forservices provided up to the termination date.

8.2 For Cause

MyPulse mayterminate these terms or suspend services immediately for non-paymentor breach of terms. If MyPulse terminates for cause, all remainingbalances become due. You can terminate if MyPulse breaches a materialterm. MyPulse may remove content it deems harmful or illegal.

8.3 No Liability for Termination

Neither partyis liable for termination or expiration of services under theseterms.

8.4 Survival

Sections 4, 5,6, 7, and 8 will survive termination or expiration of these terms.

8.5 IP Address

Upontermination, you must relinquish any IP addresses assigned byMyPulse.

8.6 Data Migration

You can exportcertain data (customers, products, orders) via CSV file and requestraw data for images and emails. Data will be removed two months afterplan expiration unless you renew the plan or request immediate dataremoval.

8.7 Domain Ownership

You retainownership of domain names registered through MyPulse and can transferthem to other providers before expiration. Renew the domain throughMyPulse if the eCommerce plan subscription ends.

8.8 Domain Renewal Penalty

Expired domainsunder suspension require a penalty fee for renewal.

8.9 Intellectual Property

MyPulse'ssoftware and eCommerce engine cannot be transferred or migrated out.Customizations or add-ons cannot be migrated or refunded aftersubscription termination, excluding SSL certificates.

8.10 Infringing Content

MyPulse maymodify your store to remove infringing content if you fail to remedythe breach. MyPulse is not liable for damages resulting from suchchanges.

9. Privacy Policy

9.1 Privacy Policy

Using theservice means you accept MyPulse's privacy policy.

9.2 Secure Socket Layers (SSL)

MyPulse usesSSL to protect your personal information. They use designatedprocessors for credit card payments and do not store credit cardinformation.

10.General

10.1Assignment: You can't transfer this agreement or anyrights or responsibilities under it to someone else without MyPulse'swritten consent. This agreement will apply to both parties'successors and approved assigns.

10.2Notices: Any notices or communication under thisagreement must be in writing and will be considered delivered:

1. On the delivery date if given in person;
3. One business day after being sent via a commercial overnight carrier, with proof of receipt;
5. Five business days after being mailed by postal mail, return receipt requested, regardless of actual receipt;
7. On the delivery date if sent by confirmed fax.

Ifto MyPulse Sdn. Bhd.: UNIT 37-2, LEVEL 37, Q SENTRALNO.24, JALAN STESEN SENTRAL 2 KUALA LUMPUR SENTRAL KUALA LUMPURWILAYAH PERSEKUTUAN

Ifto Client: To the address provided at account setup.

10.3Governing Law: This agreement and any futureagreements with MyPulse will be governed by Malaysian law, regardlessof where you reside or do business. If any part of this agreement isillegal, void, or unenforceable, that part will be removed, but therest will remain effective. MyPulse may change this agreement orpolicies without notice. Continuing to use the services after suchchanges means you accept them. Regularly check the MyPulse websitefor updates.

10.4Modifications: Any changes or waivers to thisagreement must be in writing and signed by both parties.

10.5Waiver: Not using a right provided here doesn't meangiving up that right.

10.6Severability: If any part of this agreement isinvalid or unenforceable, the rest remains in effect.

10.7Force Majeure: MyPulse and its affiliates won't beliable for not performing any obligation due to events beyond theircontrol, such as fire, flood, strikes, accidents, wars, riots, actsof God, or government orders. Performance will resume as soon aspossible after the event ends. If the event lasts more than 15 days,the other party may terminate this agreement without penalty andwithout further notice.

10.8Independent Contractors: The parties are independentcontractors. Neither is an agent, representative, or partner of theother and cannot bind the other party. This agreement doesn't createa partnership or joint venture.

10.9Implied Agreement: By continuing to use the servicesor products, you agree to this entire agreement. If you disagree,your only option is to terminate the contract immediately accordingto Section 8.

10.10Entire Agreement: This agreement is the complete andfinal agreement between the parties regarding the subject matter. Itreplaces any previous agreements. Neither party is bound by termsdiffering from this agreement unless both parties agree in writing.

10.11No Party Deemed Drafter: If a court or arbitratorinterprets any provision, it shouldn't be more harshly interpretedagainst either party as the drafter.

Questions?Any questions about this agreement should be directed to MyPulse’sSales Department before signing up for the service.

‍

‍