Terms & Conditions

Effective as of January 1, 2025

Introduction

Welcome to the Terms of Service (these "Terms") for the mobile application for Pulse Works Limited (the "App"), its related website (the "Website"), operated by or on behalf of Pulse Works Limited, a Private limited company based in England ("Company", "we" or "us"). The Website, the App, and any content, tools, features and functionality offered on or through our Website and the App are collectively referred to as the "Services".

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, you may not use the Services.

We reserve the right to alter these Terms of Service at our sole discretion and without prior notice. Any changes to the Terms will be posted on our website or within the app itself. You are responsible for regularly reviewing the Terms for any updates or modifications. Your continued use of our Services after any changes to the Terms constitutes your acceptance of those modified Terms. If you do not agree with or do not understand any updated Terms, you must discontinue using our Services immediately.

Who May Use the Services

Age Requirements

Our Services are intended for individuals aged 18 or older. By using the Services, you represent and warrant that you are at least 18 years of age. No individuals under the age of 18 are permitted to use the Services, regardless of parental consent. You must reside in a jurisdiction where participation in real-money games of skill is permitted by law. By using our paid gameplay services, you represent and warrant that you meet these requirements. Any misrepresentation regarding your eligibility constitutes a breach of these Terms.

Eligibility for U.S. Users

To be eligible to use the Services, including participating in any tournaments or competitions, US users must:

  • Be a natural person at least 18 years of age;
  • Be a legal resident of the United States with a valid US address;
  • Be physically located within the United States at the time of using the Services;
  • Not be located in one of the following Restricted Jurisdictions: Arkansas, Connecticut, Delaware, Louisiana, Michigan, South Carolina, South Dakota, and Washington D.C. for any of the games provided through the Services. For any of the games that feature playing cards, Restricted Jurisdictions also include Indiana and Maine.

Eligibility for Non-U.S. Users

Currently, the Services that involve real-money play are not available to users outside of the United States.

Restricted Jurisdictions

In addition to the Restricted Jurisdictions listed above, we reserve the right to restrict access to the Services from any jurisdiction where the Services may be illegal or prohibited by local laws. Regardless of whether you are able to access our Services in your location, it is your responsibility to ensure that your use of the Services complies with all applicable laws in your jurisdiction.

Verification

We may require users to verify their age, identity, and location before allowing access to or using certain features of the Services, including paid gameplay or tournaments. Users agree to provide accurate and truthful information for verification purposes.

Additional Restrictions

Our employees, affiliates, and agents, as well as any individuals with access to non-public information about the Services, are expressly prohibited from participating in any paid gameplay services, tournaments, or contests offered through the Services.

Compliance

By using the Services, you agree to comply with these eligibility requirements at all times. We reserve the right to terminate or suspend the account of any user found to be in violation of these eligibility criteria.

User Accounts

Creating and Safeguarding Your Account

To use the Services, you need to create an account or link another account, such as your Apple, Facebook or Google account ("Account"). You agree to keep your Account current and up to date in the event of any changes. You also agree to provide additional information, within a reasonable time after our request, that we may require for verification and legal compliance purposes. Account access also requires access to a supported device and an internet connection. You must provide accurate, complete, and updated information for your Account. You can access, edit and update your Account by accessing your profile in the App or on our Website. You are solely responsible for any activity associated with your Account and for maintaining the confidentiality and security of your password. You agree that you will not disclose your Account password to anyone. We are not liable for any acts or omissions by you in connection with your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. You must immediately notify us at **_** if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your Account, or if we previously banned you from any of our Services, unless we provide written consent otherwise.

Additional Verification

We reserve the right to verify your Account registration details and information that you provided, such as name, address, age, and payment methods used, at any time, by requesting copies of certain documents, including government identification, proof of address, or proof of your payment method. We may request that document copies are notarized by a Notary Public. In the event that you do not comply with our request within a reasonable time, we may take actions that include suspending and/or terminating your Account, freezing all funds in the Account, and other measures that may be necessary to ensure legal use of our Services.

Description of the App

In General

We provide a skill-based mobile app that offers an exciting platform for players to engage in competitive solitaire matches ("Contests"). Users can test their skills against others from around the world in timed contests, providing an experience suitable for both casual players and serious competitors.

In each match, two or more real-world players compete simultaneously, starting with identical decks and layouts. The objective is to achieve the highest score before the timer runs out. Players reveal three cards at a time, earning points by adding cards to the foundations and placing them on tableau piles.

Additional scoring opportunities include:

  • Finishing the deck and “winning” the game.
  • Hitting “finish” when no further moves are possible to earn a time bonus.

Once the time expires, players’ scores are compared. The highest-scoring player is declared the winner and awarded a prize.

Our Contests offer a variety of contest formats and entry options, allowing users to choose their preferred level of competition and stakes. This unique twist on classic solitaire combines strategy, speed, and skill, creating an engaging and competitive experience for players worldwide.

Gameplay Features

Players can participate in different types of contests, which shall include but not be limited to:

  • Head-to-Head Matches: Compete directly against another player in a single match, with real-time gameplay and scoring.
  • Tournaments: Join larger competitions where players compete in multiple rounds to win prizes, with brackets and elimination rounds.
  • Practice Games: Play without stakes to hone skills and strategies.

Skill-Based Competition

Each Contest offered within the App is designed as a game of skill that rewards the top performing players with the highest score or scores. A “game of skill” is defined as a game where the outcome is determined predominantly by the skill, ability, knowledge, dexterity, or mental or physical adroitness of the player, rather than by pure chance or luck. Skills used in the determination of the winner in the Contest depend on the specific nature of the Contest, and include dexterity, hand-eye coordination, strategy, logic, and speed. Each player is presented with identical playing conditions at the start of the game or contest, meaning that comparative skill is the sole determining factor.

Skill-Based Match-Making

We use skill-based match making to ensure that players are competing with those of similar skill. Skill level is determined by various factors, including number of paid competitions played, performance in games with various entry fees, scores and results, length of playing time, tournament performance, and other related criteria and statistics.

Contest Types and Description

Each Contest offered via the Services will include a description that sets forth: (i) the requirements and other rules for participation in the Contest and (ii) the prize amount that may be won from the Contest (the “Prizes”).

  • Real-Money Contests will have real money entry fees, with the potential to win cash prizes or other rewards based on their performance.
  • Gem Games that will allow players to use Gems earned in-game for the entry fees and to compete and win non-redeemable bonus funds or other Prizes.

No Purchase Necessary to Register or Participate

There is no fee to register for an Account. Private and Sponsored Contests do not require an entry fee and may be played entirely for free and without consideration. The real-money skill-based competitions are entirely optional and available only to persons 18 years of age and older, who reside in a jurisdiction that does not restrict, prohibit, or otherwise regulate real-money games of skill.

Updates and Improvements

We reserve the right to make changes, updates, or discontinue the Services (or any part or content thereof) at any time, with or without prior notice to you. We will not be held liable to you or any third party for any modification, suspension, or discontinuation of the Services. We may also impose limitations on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check for and install updates to the Services. We may release updates to improve functionality or enhance features. Some updates may be mandatory, and you must install them to continue using the Services. We are not responsible for any issues arising from your failure to install required updates.

Cheating, Fraud, and Abuse

When participating in any tournament, competition, or using the Services in any way, you shall not engage in any act that may unfairly alter your chance of winning or constitute fraud or abuse ("Prohibited Conduct"). Prohibited Conduct includes, but is not limited to:

  • Registering or using multiple Accounts;
  • Allowing another player to use your Account;
  • Impersonating another person or entity in any manner;
  • Using unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, jailbroken devices, rooted devices, cheat programs, debuggers, or memory scanners);
  • Intentionally performing poorly to achieve competitive advantage;
  • Colluding with other players (e.g., intentionally losing matches);
  • Money laundering or any similar transfers of funds in relation to our Services that may be prohibited by applicable state or federal law;
  • Deliberately transferring or attempting to transfer money between Accounts;
  • Harassing other participants;
  • Misusing any payment mechanism in connection with your Account;
  • Exploiting or manipulating bugs or glitches in the Services; or
  • Posting objectionable or inappropriate materials;
  • Engaging in any conduct that is contrary to these Terms;
  • Otherwise engaging in any conduct that is prohibited by law or regulations.

Actions in Response to Prohibited Conduct

If we detect any Prohibited Conduct, we may, at our sole discretion:

  • Immediately suspend or terminate your Account;
  • Block your access to the Services;
  • Void and forfeit any Winnings you may have been entitled to receive;
  • Disgorge and/or recoup any Winnings received by you;
  • Recoup any funds involved in the misuse of a payment mechanism;
  • Pursue any injunctive relief, civil and/or criminal penalties against you;
  • Disclose or report any illegal activity to law enforcement authorities;
  • Take any other actions that may be necessary to protect our business interests, integrity of the games offered through our Services, and that may otherwise be required or permitted by law.

Monitoring

We reserve the right to monitor gameplay and user activity to ensure fair play and compliance with these Terms. By using our Services, you consent to such monitoring and acknowledge that we have the final say in determining whether Prohibited Conduct has occurred.

Forfeiture of Account Funds

Please note that if your Account is closed by us or terminated for violations of these Terms or of any applicable laws (including access from a Restricted Jurisdiction) we may cause all funds in your Account to be forfeited and not remitted to you.

Prizes and Winnings

Promotional Codes

We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for features or benefits related to the Services, subject to any additional terms the Company may establish. You agree that Promotional Codes:

  • must be used in a lawful manner,
  • must be used for the intended audience and purpose,
  • may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company,
  • may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company,
  • may only be used pursuant to the specific terms the Company establishes for such Promotional Code,
  • are not valid for cash or other value; and
  • may expire prior to your use.

Changes to Contests and Prizes

The Company may, at any time, revise or change the requirements to entry, availability, specifications, content, descriptions or features, as applicable, of any Contests and Prizes. While we attempt to be as accurate as we can in our descriptions for the Contests and Prizes, we are unable to warrant that the descriptions are accurate, complete, reliable, current, or error-free. If a Contest or Prize itself is not as described in the Services, your sole remedy is to contact us to request a correction of your Account. The inclusion of any Contests for entry or Prizes to be won through participation in the Contests at a particular time does not imply or warrant future availability.

Confirmation of Submissions

During a Contest, users will submit their gameplay results or entries as specified in the Contest rules. The Company retains sole discretion over whether to accept submissions and determine validity. Only upon confirmation and acceptance of your submission will a Prize be awarded according to the terms of the Contest.

Prizes and Distribution of Prizes

If you win a Prize, we may require that you provide proof that you are, or were at the time of your participation in the applicable Contest, eligible to participate in accordance with the Contest description and these Terms, and that your participation was in accordance therewith. If you do not provide such proof to our reasonable satisfaction, you may forfeit the Prize. We retain sole, absolute, and non-appealable discretion to determine the winner of each Contest. By participating in any Contest, you agree to be bound by our final decision, including and up to disqualification, forfeiture of prize funds, or any other remedy available under these Terms and under the law.

Taxes

If you are a United States resident, we may send you an IRS Form W-9 to request your social security number so that we may send you a 1099-MISC or other appropriate form if your Winnings total six hundred dollars ($600) or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. If you fail to complete and return the IRS Form W-9 when required, we may suspend or terminate your Account or access to the Services. Without limiting the foregoing, we may withhold from your existing account balance and/or delay deposit of any Prize amount into your bank account. We may withhold any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation. You are solely responsible for paying all federal, state and other taxes related to your Prizes in accordance with all applicable laws.

No Information Collected from Children

Only persons 18 years of age or older are allowed to use the Services. We do not collect personal information from anyone who does not meet our age requirements. Age limitations may vary depending on your country of residence.

Credit Card and Payment Method Use

When using a credit card or other payment method to fund your Account or participate in Competitions, you affirm that you are the authorized user of the payment method. You must promptly update your Account information if your payment details change. We are not liable for unauthorized use of your payment method in connection with the Services. Fraudulent use of payment methods or failure to honor legitimate charges may result in immediate Account termination, forfeiture of Winnings, and potential legal action. We reserve the right to verify payment information and decline or reverse suspicious transactions. You agree to cooperate with any fraud investigations and reimburse us for fees incurred due to chargebacks or payment reversals. By using our Services, you authorize us to charge your chosen payment method for all associated fees and charges.

Winnings, Account Funds, Payments, Prize Forfeiture

All fees and payments for Services that require payment ("Fees") will be disclosed ahead of time, prior to your entry in any competition or tournament. If you choose to enter a paid competition, you agree to pay the entry Fees. All Fees must be prepaid, and are non-refundable for any reason. You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits or withdrawals. We may change the price of Services at any time, but no price change will affect your past purchases.

You may be responsible for payment of Sales Tax, Value Added Tax, and Goods and Services Tax, as required by applicable law. We may add such charges where required by law. Other than charges to your account, you agree to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your account statement. If you do not bring them to our attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liabilities incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.

We may change Fees at our discretion. By providing us with a payment method, you:

  • represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and
  • authorize us to charge you for the Services and Fees using your payment method.

We may bill you:

  • in advance;
  • at the time of purchase; or
  • shortly after purchase, in our sole discretion.

If you believe that you have paid any Fees in error, you must notify us within thirty (30) days after the error occurs. We will then promptly investigate the charge. If you fail to notify us within that time, we will not be liable for any losses resulting from the error and we will not be required to correct the error or provide a refund. If we identify a Fee error, we will correct that error within ninety (90) days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorney fees and other legal fees and costs.

If you play a competition without depositing real money into your account for that competition, then you are a “Non-Cash Player” with respect to such competition. If you play in a Cash Competition you are a “Cash Player.” As a Cash Player, you acknowledge that we reserve the right to change the following at our sole discretion, without giving you prior notice:

  • any method for calculating the balance of or evaluating your funds; and
  • any withdrawal related rules, including the minimum withdrawal amount, withdrawal methods and withdrawal fees.

Upon a withdrawal request, you may be required to submit the following current and correct information: your full name, your permanent residential address, copy of your governmental issued ID, your phone number, and your credit card or other payment information. Failure to provide the required information may result in our inability to process your withdrawal for any winnings. Participating in Cash Competitions may, in our sole discretion, require establishing a positive account balance prior to entry. If you are a Cash Player, by submitting this information, you consent to allowing us to share your personal and payment information in confidence with third-party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purposes as detailed in our Privacy Policy. In addition, we reserve the right to issue or process withdrawals solely via payment methods supported by us. If you make a credit card deposit, we may submit an authorization request to the issuing bank to your credit limit. In addition you may incur additional fees and commissions for receiving funds from your account. We are not responsible for paying those fees and commissions even if such fees or commissions exceed the withdrawn amount itself.

As part of our promotional efforts in jurisdictions where such promotions are permitted, we may, from time to time in our sole discretion, grant you free bonus funds and credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions but cannot be withdrawn or used for any other service. When you enter a Cash Competition, we may deduct a certain amount of the Bonus Funds as an entry fee. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if it is the only currency available in your account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in the applicable currency. If you withdraw funds from your account, you will forfeit all Bonus Funds currently in your account. If you do not enter a Cash Competition within a continuous ninety (90) day period, all Bonus Funds in your account will be forfeited.

If you are a Cash Player, you may request a withdrawal of funds from your available account balance at any time. Processing of requested funds will take place as soon as possible, but usually up to one week; provided, however, that we may freeze your account or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse or fraud, verification of eligibility, or to comply with applicable laws.

Unless otherwise specified in the Rules, you must claim your prize within thirty (30) days of winning the competition. If you fail to claim your prize within thirty (30) days, we reserve the right, in its sole discretion, to forfeit your prize. In the event that you forfeit your prize by failing to claim it within thirty (30) days, we shall have no further obligation to you.

If you choose to close your account, any funds in your account will be automatically forfeited. If you want to withdraw funds from your account before closing it, you must request to do so prior to terminating your account. If we unilaterally close or terminate your account due to a violation involving fraud, illegal behavior, or cheating (as determined in our sole discretion) of these Terms, funds in your account may be forfeited and not returned to you.

If your account becomes inactive (meaning you have not entered at least one real-money competition or tournament) for six (6) consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 per month (the “Monthly Maintenance Fee”). The Monthly Maintenance Fee will be deducted from your account for each consecutive month that it remains inactive. The Monthly Maintenance Fee will not be deducted from your account if there are no funds in your account.

Unless otherwise required by law, all Fees are final and no refunds are given. If you are eligible to receive prizes, we may require that you provide us with proof that you are, or were at the time of your participation in the competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the prize. If you receive a prize in error, we may reverse or require return of the prize. You agree to cooperate with us in our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.

Competition results and prize calculations are based on the final statistics and scoring results at the completion of the competition. Once competition results are reviewed and graded, prizes are awarded. The scoring results of a competition will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except in our sole discretion.

We reserve the right to cancel competitions at any time. In the event of a cancellation, all entry fees will be refunded to you except as specifically provided in these Terms or applicable competition rules.

You must promptly notify us of any changes to the credit card account number provided to us as part of account registration, its expiration date and your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation and criminal prosecution.

You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you. We may provide you with, or require you to provide, federal or state tax forms and other appropriate form(s). Without limiting the foregoing, we may withhold from your existing account balance and from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.

If you win a Cash Competition, you consent to our use of your name, voice, likeness, and location in connection with the publishing of winners pursuant to these Terms and the development, production, distribution and exploitation (including marketing and promotion) of the selected contest and other contests and us generally, unless otherwise prohibited by law. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The Rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

Privacy Policy

Our Privacy Policy, available at [insert LINK] describes how we handle the information you provide to us when you use the Services. Our Privacy Policy is expressly integrated into these Terms as if fully restated herein. At our core, we believe in maintaining transparency and upholding ethical standards when it comes to handling your personal information. To deliver our Services effectively, we need to gather certain data about you. However, we strictly adhere to legal requirements and only utilize your information when we have a legitimate basis to do so.

Our comprehensive Privacy Policy serves as a valuable resource, shedding light on the types of information we collect, how we utilize that data, and the choices available to you while engaging with our Services. We encourage you to review this policy carefully to gain a thorough understanding of our data practices and your rights as a user.

Rights We Grant You and Your Responsibilities

Right to Use Services

We hereby permit you to use the Services for your personal non-commercial use only, conditioned upon your compliance with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, limited, revocable, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms in a personal non-commercial capacity. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take. We are not liable to you under any circumstances for any such interruption, downtime, or other inability to use the Services (including the App).

During Use of Services

While using the Services, you agree to:

  • remain fully aware of your surroundings and prioritize your safety and the safety of others,
  • not engage in any activity that may result in injury, death, property damage, or liability of any kind,
  • comply with all applicable laws and regulations in connection with your access to and use of the Services, and
  • maintain respectful and appropriate interactions with other users and individuals in the real world.

You shall not harass, threaten, or violate the legal rights of others.

Monitoring and Enforcement; Indemnification

If you have a dispute with a third party relating to your use of the Services, you release the Company (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, alleged, disclosed and undisclosed, arising out of or in any way connected with such dispute.

We reserve the right to monitor your use of the Services and review any content you submit to ensure compliance with these Terms. We may take appropriate action against you if we determine that you have violated these Terms or engaged in any conduct that is harmful to other users or the integrity of our Services.

You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services,
  • your violation of these Terms,
  • your violation of any rights of another party, or
  • your violation of any applicable laws or regulations.

Restrictions on Your Use of the Services

You may not do any of the following in connection with your use of the Services, unless you have our express written permission to do so:

  • download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your device for display purposes, or as otherwise expressly permitted in these Terms;
  • duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
  • use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
  • use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
  • exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
  • cooperate, collude, or conspire with other users to cheat or gain a competitive advantage;
  • access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
  • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
  • use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, "mines," scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
  • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
  • submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
  • violate any applicable law or regulation in connection with your access to or use of the Services; or
  • access or use the Services in any way not expressly permitted by these Terms.

While we are not obligated to actively monitor the access or usage of our Services or the Content shared through them, we reserve the right to review, edit, or remove any Content at our discretion. This right enables us to operate the Services effectively, ensure compliance with our Terms, and adhere to applicable laws and legal requirements.

We may remove or disable access to any Content deemed objectionable or in violation of our Terms without prior notice. Additionally, we have the authority to investigate any potential violations of these Terms or conduct that may affect the Services.

In cases where users or others violate the law, we may consult and cooperate with law enforcement authorities to facilitate prosecution. Any attempt by you to disrupt or interfere with the legitimate operation of our Services, including undermining or manipulating any app or site, constitutes a breach of these Terms and could potentially be a criminal and/or civil violation.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, WHICH INCLUDES UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY APP OR WEBSITE, IS A BREACH OF THE TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND/OR CIVIL LAWS.

Cookies and Tracking Technologies

We use cookies and similar tracking technologies on our Services to enhance your user experience, analyze site usage, and provide personalized content and advertisements. By using our Services, you consent to our use of cookies and similar technologies in accordance with our Cookies Policy, which is incorporated into these Terms by reference. Our Cookies Policy provides detailed information about the types of cookies we use, their purposes, and your choices regarding cookie usage. You can review our full Cookies Policy [insert link to Cookies Policy or Cookies Policy in the Privacy Policy]. Please note that disabling certain cookies may affect the functionality and performance of our Services.

Use of the App

You are responsible for providing the mobile device, wireless service plan, software, Internet connection and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App ("Push Messages"). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.

Mobile Software from the Apple App Store

The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store's applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You must comply with applicable third-party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. APPLE IS NOT THE SPONSOR OF ANY CONTEST OFFERED THROUGH OR IN CONNECTION WITH THE APP.

Gameplay and Other Activity Recording

We may monitor and/or record your interaction within the Services, for own internal due diligence, marketing, quality control, anti-cheating verification, or other legitimate business purposes, including but not limited to the Historical Gameplay features below. You understand and agree that your gameplay and any other activity within the App or related to our Services will be monitored and/or recorded.

Historical Gameplay

By using the Services, you permit us to, at its sole discretion, use a record of your playthrough of any game and your score achieved ("Historical Playthrough") for any purpose, including to improve the Services, detect fraud, and match with other players. You also acknowledge and agree that when you use the Services to play a game and try to win a prize, you may be matched with another player's Historical Playthrough where that player is of a similar skill level, for the purposes of determining the outcome of a game. Whether or not you win a prize in any contest is based on whether your score is higher than the other player(s) in the game, regardless of whether or not you are competing against the score of another live player or the score of another player's Historical Playthrough; the goal is to achieve the highest score based on your exercise of skill and to achieve a higher score than your opponent. The profile displayed for a Historical Playthrough will be automatically generated by us; it will not be the profile of the player whose record was used for the Historical Playthrough.

Regardless of whether you are competing live or against a Historical Playthrough, the games are designed to ensure the same starting conditions for each player in the same match. Additionally, whether you are matched with a historical playthrough or a live player, you will be matched with a similarly-skilled opponent based on your own performance.

If you beat the score(s) of the other player(s) in the game, and are otherwise eligible for a prize, you will win that prize, regardless of whether you were competing against other live player(s) or any Historical Playthroughs. If the score(s) of any Historical Playthroughs that are in the game are winner(s) of that game, we may direct the use of the won amounts at our discretion towards prizes, purses, or bonuses to be paid out to Cash Players.

Eligibility for Prizes

Our employees and affiliates, as well as any agents with access to any materials or code that could potentially provide an unfair advantage for participation in the Contests are expressly prohibited from participating. Without limitation, such individuals are not eligible for any Prize. We retain the absolute sole discretion to determine the eligibility of individuals for our Contests and the winning of any Prize.

No Refunds/Dispute Resolution

We do not issue refunds for any reason, unless otherwise required by law. In the event of a dispute arising out of or relating to your use of the Services or these Terms, you agree to resolve such disputes in accordance with Section 10 (Arbitration and Class Action Waiver) of these Terms.

Intellectual Property Rights

Ownership of Content and Services

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks and Service Marks

The Company name, the terms "Pulse Games," "Pulse Works Limited," the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Copyright Protection

The Services and their content are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The content is licensed, not sold. This license gives you limited rights to use the Services. We reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Services only as expressly permitted in these Terms.

User-Generated Content

When you submit, post, or display content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed). This license includes the right for us to make your content available to other users of the Services, who may also use your content subject to these Terms.

You represent and warrant that:

  • You own the content you submit or have the right to grant us the license described above
  • The content you submit does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person
  • The content you submit does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable

Prohibited Use of Intellectual Property

You may not:

  • Copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content from the Services for any commercial purposes without our prior written consent
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on the Services
  • Use any trademarks, service marks, or logos appearing on the Services without our prior written consent
  • Attempt to reverse engineer, decompile, or disassemble any software or other technology used in connection with the Services

Reporting Copyright Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, you may notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner
  2. Identification of the copyrighted work that you claim has been infringed
  3. Identification of the material that is claimed to be infringing and where it is located on the Services
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
  6. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner

Please send your copyright infringement notices to: admin@pulsegames.org

Counter-Notification

If you believe that your content was removed or disabled by mistake or misidentification, you may file a counter-notification with us. The counter-notification must include:

  1. Your physical or electronic signature
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person

Reservation of Rights

We reserve all rights not expressly granted in these Terms. The Services are licensed, not sold, to you for use strictly in accordance with these Terms. This license is non-transferable, non-exclusive, and limited in scope.

Third-Party Intellectual Property

The Services may contain content, features, or functionality that are owned by third parties and are protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of such third-party content is subject to the terms and conditions of the applicable third-party licenses and agreements.

Updates and Modifications

We may update, modify, or discontinue any aspect of the Services at any time without notice. Such updates may include changes to the Services' functionality, features, or content. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.

License Termination

Your license to use the Services terminates automatically if you fail to comply with these Terms. Upon termination, you must cease all use of the Services and destroy all copies of any content obtained from the Services in your possession or control.

Survival

The provisions of this section regarding intellectual property rights shall survive any termination of these Terms and your use of the Services.

Disclaimers and Limitations of Liability

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • WARRANTIES THAT THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE
  • WARRANTIES THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
  • WARRANTIES THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED

No Guarantee of Availability

We do not guarantee that the Services will be available at all times or that they will be free from errors, bugs, or other technical problems. The Services may be temporarily unavailable due to maintenance, updates, or other reasons beyond our control. We are not liable for any damages or losses resulting from the unavailability of the Services.

Third-Party Content and Services

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We do not endorse, warrant, or assume responsibility for any such third-party content, privacy policies, or practices. Your use of any third-party content is at your own risk and subject to the terms and conditions of such third parties.

User-Generated Content

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted by users of the Services. You acknowledge that any reliance on such content is at your own risk. We are not responsible for any content posted by users and disclaim all liability for such content.

Gaming and Competition Risks

By participating in our games and competitions, you acknowledge and accept the following risks:

  • Skill-Based Nature: Our games are designed to be skill-based, but there is no guarantee that skill alone will determine the outcome
  • Competition: You may compete against players of varying skill levels, and winning is not guaranteed
  • Technical Issues: Technical problems, network issues, or device malfunctions may affect your gameplay experience
  • Prize Availability: Prizes are subject to availability and may be modified or discontinued at any time
  • Tax Obligations: You are responsible for any taxes or fees associated with prizes you may win

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES
  • DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
  • DAMAGES RESULTING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
  • DAMAGES RESULTING FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
  • DAMAGES RESULTING FROM ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES

Maximum Liability

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Essential Purpose

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Services
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
  • Any misrepresentation made by you

Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure is a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanctions, blockages, embargoes, labor disputes, or other events beyond our reasonable control.

Survival

The disclaimers and limitations of liability set forth in this section shall survive any termination of these Terms and your use of the Services.

Applicable Law

These disclaimers and limitations of liability are governed by and construed in accordance with the laws of the jurisdiction specified in these Terms, without regard to its conflict of law principles.

Severability

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

Governing Law and Jurisdiction

Applicable Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Jurisdiction

Subject to the arbitration agreement set forth in Section 10, you and the Company irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

Venue

Any legal action or proceeding relating to these Terms shall be instituted in the courts of England and Wales. You and the Company agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Service of Process

You agree that service of process may be made by certified or registered mail, return receipt requested, to the address you have provided to us, or by any other method permitted by applicable law.

Waiver of Objections

You waive any objection to the laying of venue of any such suit, action, or proceeding brought in such courts and any claim that any such suit, action, or proceeding brought in such a court has been brought in an inconvenient forum.

International Users

If you are accessing the Services from outside England and Wales, you do so at your own risk and are responsible for compliance with local laws. The Services may not be available in all countries and may be subject to restrictions in certain jurisdictions.

Export Control

You agree to comply with all applicable export control laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Compliance with Local Laws

You are responsible for ensuring that your use of the Services complies with all applicable local laws and regulations in your jurisdiction. We make no representation that the Services are appropriate or available for use in any particular jurisdiction.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

Amendments

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by posting the updated Terms on our website or through the App. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

Contact Information

For questions about these Terms or to exercise your rights under these Terms, please contact us at:

Email: admin@pulsegames.org
Address: 124 City Road, London, England, EC1V 2NX
Phone: +1 4709665990

Effective Date

These Terms are effective as of January 1, 2025, and will remain in effect until modified or terminated in accordance with these Terms.