Terms of Service

Date: September 17, 2015

1. Acceptance of Terms

1.1 By accessing the UAB Blue Lime Labs “Blue Lime Labs” website located at
 http://www.pulsetip.com the user “You” agree to be bound by these Terms of Service 
("TOS"). 

1.2 You may access the Service as either an individual or on behalf of a company. If You
are signing up for the Service on behalf of a company, You represent and warrant that 
You are duly authorized to represent the company and that You accept the TOS on behalf
of the company. 

1.3 The TOS may be revised or modified from time to time and all subscription renewals 
will be subject to the TOS in effect at the time of the renewal. Your invoice will indicate the 
TOS version number that applies to your order. You may review the most current version
of the TOS at any time at: http://www.pulsetip.com/terms. 

2. License and Restrictions 

2.1 For the Term set forth below and subject to these TOS, BLUE LIME LABS grants You a 
limited, non-transferable, non-exclusive right to access and use Our proprietary software 
products and related documentation ("Software") found on the Service for Your internal
 business use only (collectively referred to as the "Service").

 2.2 Nothing contained in these TOS shall transfer or be deemed to transfer to You any 
rights in or to the Service other than those specifically stated herein. Nothing in these TOS
 bligates Blue Lime Labs to deliver or make available any copies of computer programs
or code from the Software to You, whether in object code or source code form. 

2.3 You will not (i) copy, reproduce, alter, modify, or create derivative works from the 
Service; (ii) rent, lease, distribute, or resell the Service, or use the Service as the basis for 
developing a competitive solution (or contract with a third party to do so); or (iii) remove 
or alter any of the logos, trademark, patent or copyright notices, confidentiality or 
proprietary legends or other notices or markings that are on or in the Service. You will use 
the Service in compliance with all applicable local, state, national, and international laws, 
rules and regulations. 

2.4 You will not nor will You authorize or encourage any third party to (i) use the Service 
to upload, transmit or otherwise distribute any content that is unlawful, defamatory, 
harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as 
reasonably determined by BLUE LIME LABS; (ii) resell, duplicate, reproduce or exploit any 
part of the Service without Our express written permission; or (iii) use any robot, spider, 
other automated device, or manual process to monitor or copy any content from the 
Service. 

2.5 The license granted to You includes basic support at no additional charge. Basic 
support includes commercially reasonable efforts to make the Service available 24 hours a 
day, 7 days a week, except for: (a) planned downtime (which BLUE LIME LABS shall 
schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 1:00 
a.m. Monday Pacific Time), or (b) any unavailability caused by circumstances beyond Our 
reasonable control, including without limitation, acts of God, acts of government, floods, 
fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than 
those involving Our employees), Internet service provider failures or delays, or denial of 
service attacks.

 3. Data Security 

3.1 BLUE LIME LABS shall maintain appropriate administrative, physical, and technical 
safeguards for protection of the security, confidentiality and integrity of Your data. BLUE 
LIME LABS shall not disclose Your data except as compelled by law or as expressly 
permitted in writing by You, or access Your data except to provide the Service and prevent 
or address service or technical problems, or at Your request in connection with support 
matters. 

3.1.1 You allow BLUE LIME LABS to use your data in anonymized format for improving our 
services. 

3.2 In the event BLUE LIME LABS discovers that the security of your data has been 
breached, BLUE LIME LABS will promptly notify You of the nature and scope of such 
breach and will immediately initiate remedial actions consistent with industry standards. 

4. Payment Terms 

4.1 Monthly Terms: Your month-to-month Service subscription renews automatically each 
month until cancelled. BLUE LIME LABS will invoice you by email. Payments may be made 
by credit card or Pay Pal. If You do not pay the invoice within fourteen (14) days of receipt 
of the email, Your access to the Service may be suspended and You will need to contact 
BLUE LIME LABS in order to resume use. You may cancel your subscription at any time by 
emailing support@pulsetip.com. There will be no refunds or credits for termination of 
month to month subscriptions.

 4.2 Annual Terms: Yearly subscription pricing requires a one year minimum commitment. If 
You cancel Your subscription, or Your subscription is suspended for non-payment, before 
the end of the first year commitment period, You will no longer qualify for yearly 
subscription pricing and You will be charged the difference between the monthly and 
yearly commitment pricing for the number of months Your subscription was active. Upon 
the anniversary of Your one-year subscription, Your subscription may be renewed for a 
subsequent one year period. 

4.3 All payments are due within fourteen (14) days from the date of the invoice and should 
be paid by wire transfer using the bank information provided on the invoice, by credit 
card, or by PayPal. 

4.4 All fees are exclusive of taxes or duties imposed by governing authorities. You are 
responsible for payment of all such taxes or duties.

 4.5 BLUE LIME LABS may at any time, upon notice required by applicable law, change the 
price of Your subscription or any part thereof, or institute new charges or fees. Price 
changes and/or new charges implemented during Your one year subscription period will 
be effective as of the start of any renewal terms. If You do not agree to any such price 
changes, You must cancel your subscription and stop using the Service prior to the 
commencement of the renewal subscription period for which the price change applies. 

5. Intellectual Property Rights 

5.1 You acknowledge that BLUE LIME LABS owns all right, title and interest in and to 
the Software, Service and any modifications and enhancements thereof, including without 
limitation all intellectual property rights, and such rights are protected by U.S. and 
international intellectual property laws. BLUE LIME LABS also retains all right, title and 
interest to transactional and performance data related to use of the Service that BLUE 
LIME LABS may collect, use and disclose for our business purposes (including software use 
optimization and product marketing) provided that such use does not reveal any of Your 
Confidential Information.

 5.2 You retain all right, title and interest to any and all information provided, input or 
uploaded to the Service by You, or by BLUE LIME LABS on Your behalf.

 6. Acknowledgements and Disclaimer of Warranty

 6.1 You accept and acknowledge that BLUE LIME LABS do not exercise any control over 
Your specific human resource practices implemented or Your decisions related to 
employment, promotion, advancement, termination or compensation of any employee 
when using the Software or the Service. You assume full responsibility for any and all 
decisions with respect to Your use of the Service and agree to use the Service at your own 
risk.

 6.2 You further acknowledge that it is Your sole responsibility to monitor Your and Your 
employees' compliance with all applicable laws when using the Service. 

6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS 
PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. THE 
ENTIRE RISK ASSOCIATED WITH THE USE, PERFORMANCE AND RESULTS OF THE 
SERVICE RESIDES WITH YOU AND BLUE LIME LABS SPECIFICALLY DISCLAIMS ALL 
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 
PURPOSE WITH RESPECT TO THE SERVICE OR ANY HARMFUL DATA OR CODE 
UPLOADED TO THE SERVICE BY YOU, YOUR EMPLOYEES OR CONTRACTORS. BLUE LIME 
LABS DO NOT WARRANT THAT OPERATION OF THE SERVICE IS ERROR-FREE OR THAT 
IT WILL BE UNINTERRUPTED. 

7. Indemnification and Limitation of Liability 

7.1 You agree to hold harmless and indemnify BLUE LIME LABS, and our affiliates, officers, 
agents, and employees from and against any third party claim arising from or in any way 
related to Your use of the Service, including any liability or expense arising from all claims, 
losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' 
fees, of every kind and nature. In such a case BLUE LIME LABS will provide you with written 
notice of such claim, suit or action. 

7.2 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, 
PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF USE, 
BUSINESS INTERRUPTION, LOSS OF DATA OR BREACH OF SECURITY WITH RESPECT TO 
YOUR DATA, LOSS OF BUSINESS INFORMATION AND OTHER PECUNIARY LOSS AND 
COSTS OR LEGAL EXPENSES) INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, 
ARISING FROM OR RELATED TO THESE TERMS OF SERVICE, INCLUDING WITHOUT 
LIMITATION THE SERVICE, OR USE THEREOF, HOWEVER CAUSED AND WHETHER BASED 
IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF 
LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES. EACH PARTY'S TOTAL LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY 
FOR ANY CLAIM OR DAMAGES UNDER THESE TERMS SHALL NOT EXCEED THE 
AMOUNTS PAID TO BLUE LIME LABS DURING THE SIX (6) MONTHS PRIOR TO THE 
EVENT GIVING RISE TO SUCH CLAIM OR DAMAGES. THE PARTIES ACKNOWLEDGE AND 
AGREE THAT THE FOREGOING IS A REASONABLE ALLOCATION OF RISK. 

8. Term and Termination 

8.1 The term of these TOS begins the day You first access the Service ("Effective Date") and 
continues until all subscriptions granted in accordance with these TOS have expired or 
been terminated (the "Term"). 

8.2 User subscriptions purchased by You commence on the start date specified in the 
applicable Order Form and continue for the subscription term specified therein.

 8.3 You may cancel your subscription at any time by emailing support@pulsetip.com. 
Upon cancellation You will receive no refund and will be obligated to pay the fees till the 
end of the agreed subscription period. 

8.4 Either party may terminate the TOS at any time in the event of a material breach by 
the other party that is not cured within thirty (30) days after receiving written notice of 
such breach. If these TOS are terminated due to your breach, you will receive no refund. If 
the cause of termination is our breach, You will receive a pro-rata refund of the fees paid 
calculated from the first day of the month after the termination takes effect.

8.5 Upon Your request made within thirty (30) days after the effective date of termination, 
BLUE LIME LABS will make a file of Your data in JSON format available to You for 
download. After such thirty day period, BLUE LIME LABS will have no obligation to 
maintain or provide any of Your data and shall thereafter, unless legally prohibited, delete 
all of Your data in Our systems or otherwise in Our possession or under Our control. 

9. Publicity 

If You subscribe to the Service, You agree that BLUE LIME LABS may disclose the fact that 
You are Our customer. During the Term of this Agreement, and unless otherwise set forth, 
You grant Us the right to reference Your company name, along with Your logo, in 
marketing materials and on Our public web site until such time as Your use of the Service 
is discontinued. 

10. Miscellaneous 

10.1 Governing Law. These TOS are governed and construed under the laws of the United 
States of America without reference to its conflicts of laws principles. In no event shall 
these TOS be subject to the United Nations Convention on Contracts for the International 
Sale of Goods. 

10.2 Arbitration. Any disputes that cannot be amicably resolved by the parties shall be 
resolved by final and binding arbitration before a single arbitrator under the rules of the 
International Arbitration Association. The arbitration will take place in Vilnius, Lithuania. 
Arbitration costs and reasonable documented attorneys' costs of both parties will be borne 
by the party that ultimately loses. 

10.3 Assignment. Neither party shall assign this Agreement (or any of its rights hereunder), 
or delegate its obligations hereunder without the prior written consent of the other party. 
Any such assignment shall render this Agreement null and void. 

10.4 Force Majeure. Under no circumstances shall BLUE LIME LABS be liable for failure to 
fulfil BLUE LIME LABS’s obligations under these TOS for delays in delivery due to acts of 
God, man-made or natural disasters, earthquakes, fire, riots, flood, material shortages, 
strikes, delays in transportation or inability to obtain labour or materials through its regular 
sources. The time for performance of any such obligation shall be extended for the time 
period lost by reason of the delay. 

10.5 Severability. If any provision hereof should be held invalid, illegal or unenforceable in 
any jurisdiction, the parties shall negotiate in good faith a valid, legal and enforceable 
substitute provision that most nearly reflects the original intent of the parties and all other 
provisions hereof shall remain in full force and effect in such jurisdiction and shall be 
liberally construed in order to carry out the intentions of the parties hereto as nearly as 
may be possible. Such invalidity, illegality or unenforceability shall not affect the validity, 
legality or enforceability of such provision in any other jurisdiction. 

10.6 Entire Agreement. These TOS as amended from time to time including any schedules 
and exhibits attached hereto and any executed Order Forms comprise the entire 
agreement between BLUE LIME LABS with respect to the subject matter hereof and 
supersede all prior representations, agreements and understandings, written or oral.