Terms of Use

Welcome to Pulse Up. These Terms of Use (the "Terms") govern your use of the Pulse Up mobile application, website, and any related services (collectively, the "Service") provided by Fwollo LLC ("Company," "we," "us," or "our"). By downloading, accessing, or using Pulse Up, you agree to be legally bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Eligibility

• You must be at least 13 years old to use Pulse Up.
• By using Pulse Up, you confirm you meet this age requirement and all other eligibility criteria.

2. License and Permitted Use

• We grant you a limited, non-exclusive, non-transferable, and revocable license to use Pulse Up solely for personal and non-commercial purposes.
• You may not use the Service for any illegal, fraudulent, or harmful activities.

3. Account Creation and Authentication

• Users may create accounts through verified mobile phone numbers, email addresses, Apple ID, or Google ID.
• A valid mobile phone number is mandatory to:
  • Support ("pulse") topics.
  • Create new topics.
• VoIP, landlines, and non-mobile numbers are prohibited for account verification.
• Phone verification ensures account authenticity, reduces spam, and maintains topic integrity.
• If an account is initially created using email, Apple ID, or Google ID, phone verification may still be required for pulsing or topic creation.
• Users can optionally set a public display name, visible alongside their username on topics they create.
• Your phone number and email address remain confidential and are never publicly displayed.

4. Pulsing, Anonymity, and Location Data

• All pulses (expressions of support) are anonymous.
• Popular and trending topics are determined by the total number of pulses received within specified timeframes.
• Your approximate location (city, state, or country level) may be used for generating heatmaps and trending data.
• Pulse Up never shares your precise location or any identifiable activity history with other users.
• Aggregate engagement data may be used to improve the platform.
• Individual pulse actions are never publicly linked to user identities.

5. Topics, Usernames, and Content Guidelines

5.1 Topic Ownership and Uniqueness

• Topic names must be unique; exact duplicates are prohibited, although similar variations are allowed.
• Topics created on Pulse Up are public and do not grant exclusive ownership rights to the creator.
• Initial creators manage topic content but retain no exclusive rights.
• Pulse Up reserves the right to transfer topics upon verification of valid claims.

5.2 Topic Creation and Public Visibility

• Creating a topic publicly displays the creator’s username and display name.
• Deleting your account does not remove the topics you've created; they remain public.
• Your email address and phone number will always remain private and are never publicly displayed.

5.3 Handling Topic Disputes and Transfer Requests

• Users may request topic transfers if they can provide sufficient evidence of:
  • Trademark ownership.
  • Official representation of a brand, organization, or public figure.
• Topics with low engagement may be transferred more readily than highly engaged topics.
• During disputes, topics remain active to avoid disruption.
• Users may challenge a claim if they believe their topic should remain under their control.

5.4 Username Ownership and Transferability

• Usernames must be unique.
• Pulse Up may transfer a username upon verified requests from:
  • Trademark owners.
  • Official business, organization, or public figure representatives.
  • Users whose usernames infringe upon trademarks or misrepresent entities.
• Users will be notified of any username transfers and permitted to choose an alternative username.

5.5 Topic Creation Rules and User Conduct

5.5.1 Zero Tolerance Policy

Pulse Up enforces a zero-tolerance policy for abusive behavior or objectionable content. By using the app, you agree to uphold respectful discourse.

5.5.2 Topic Creation Guidelines

When creating a topic, you agree not to post content that includes:

• Hate speech, bullying, or threats
• Pornographic or violent imagery
• Misleading or false claims designed to manipulate sentiment
• Targeted harassment against individuals or groups
• Personally identifiable information (PII) of any person without consent
• References to illegal behavior or activity

5.5.3 User Agreement Requirement

All users must agree to these Terms of Use, including this code of conduct, before posting or interacting with content. Violations may result in immediate removal of posts, suspension, or bans.

5.5.4 Encouraging Constructive Engagement

Users are encouraged to counter objectionable or disagreeable views by creating or supporting constructive counter-topics instead of engaging in abusive behavior.

6. Dynamic Pricing for Claims

• Users requesting transfers of topics or usernames must pay a non-refundable claim verification fee.
• Fees are based on the topic or username’s engagement level.
• Approved claims result in topic or username transfers. Denied claims do not result in fee refunds.
• Frivolous or repeated claims may lead to warnings, suspensions, or bans.

7. App Licensing and Restrictions (End User License Agreement - EULA)

7.1 License Grant

• Users receive a limited, non-exclusive, non-transferable, revocable license to use Pulse Up on personal devices.

7.2 Restrictions

• You are prohibited from:
  • Modifying, reverse-engineering, decompiling, or extracting Pulse Up's source code.
  • Reselling, renting, leasing, or sublicensing the Service.

7.3 Termination of License

• Your license automatically terminates upon violation of these Terms.
• We reserve the right to revoke your access to Pulse Up at any time, for any reason.

8. Topic Moderation, Reporting, and Enforcement

8.1 Reporting Topics and Users

• Users may report topics or users for the following reasons:
  • Inappropriate or offensive content (e.g., hate speech, threats, graphic violence)
  • Spam or manipulation
  • Trademark or copyright infringement
  • Targeted harassment or abuse
  • Impersonation or other violations of app rules
• Users are reminded that disagreement with a topic's viewpoint alone is not grounds for reporting. Topics will not be removed solely because they support a candidate, country, cause, or belief that others disagree with. Users are encouraged to create or support counter-topics as the platform elevates the most supported topics.

8.2 Content Review and Removal

• Pulse Up reserves the right to remove topics or posts that contain:
  • Violence or threats of violence
  • Hate speech or discriminatory remarks
  • Explicit or pornographic material
  • Targeted harassment or bullying
  • Promotion of illegal activities
• Disagreement with viewpoints alone is insufficient grounds for topic removal.

8.3 User Suspensions and Bans

• Users may face suspension or permanent bans for:
  • Consistently posting harmful, misleading, or rule-violating content.
  • Abusing the reporting system.
  • Employing bots or automation tools to manipulate engagement metrics.

8.4 Filtering of Objectionable Content

Pulse Up uses a combination of manual moderation and automated filtering to identify and reduce the visibility of objectionable or harmful content.

8.5 Timely Developer Action

Pulse Up will review all valid reports of objectionable content within 24 hours. If a violation is confirmed, the reported content will be removed and the offending user may be warned, suspended, or banned. Content posted by banned users may be marked as "Submitted by a Former User" if applicable.

9. Copyright and DMCA Compliance

• Users are solely responsible for all content they upload or post. Users must ensure content does not infringe third-party copyrights, trademarks, or intellectual property rights.
• Users must not upload or post content that violates intellectual property rights or uses unauthorized third-party media or icons.
• Users agree to indemnify Pulse Up and Fwollo LLC, including employees, officers, and agents, against all claims or liabilities arising from content posted by the user.
• Pulse Up will terminate accounts of repeat infringers.

Fwollo LLC respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement. To file a copyright infringement claim, please provide a notice including:

• Description of the infringed copyrighted work
• Description and URL of infringing material
• Your contact details (address, phone number, email)
• Statement of good-faith belief of unauthorized use
• Statement under penalty of perjury verifying accuracy and authority
• Your signature (physical or electronic)

10. Arbitration and Governing Law

• Any disputes arising under these Terms will be resolved through binding arbitration under the American Arbitration Association (AAA) rules.
• These Terms are governed by the laws of Pennsylvania, without regard to its conflict of law principles. By using Pulse Up, you agree to submit to the personal and exclusive jurisdiction of the courts located in Pennsylvania, except as otherwise agreed in binding arbitration.

11. Clarification of Platform Nature

• Pulse Up is not a voting or polling platform in the legal, electoral, or regulatory sense.
• Pulse Up does not conduct official political elections, government referenda, or scientific polling.
• All user actions within the platform - including "pulses" - are expressions of anonymous public sentiment for entertainment, awareness, or advocacy purposes.
• Any insights or data displayed are not intended to represent official outcomes or predictive analytics.
• Pulse Up is a platform for real-time, anonymous expression of support only.

12. Contact Information For questions or concerns about these Terms, please contact us at:

13. Additional Disclosures for International and California Users

13.1 California Residents – CCPA Compliance

If you are a California resident, you are entitled to rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). These include:

• Right to Know what categories of personal data we collect and why.
• Right to Access the specific data we hold about you.
• Right to DeleteRight to Delete your personal information, subject to legal obligations.
• Right to Correct inaccurate personal information.
• Right to Opt-Out of the sale or sharing of personal data (Pulse Up does not sell or share data for commercial gain).
• Right to Non-Discrimination for exercising these rights.

To exercise these rights, please contact us at contact@pulseup.com with the subject line:
“California Privacy Request.”

13.2 European Users – GDPR Compliance

If you are located in the European Economic Area (EEA) or the United Kingdom (UK), you have the following rights under the General Data Protection Regulation (GDPR):

• Right to Access your data
• Right to Rectify incorrect or outdated data
• Right to Erasure (“right to be forgotten”) under certain conditions
• Right to Restrict Processing or object to how we use your data
• Right to Data Portability
• Right to Withdraw Consent at any time (without affecting prior processing)

We process your data under lawful bases including your consent, our legitimate interest to operate Pulse Up, contractual necessity, and compliance with legal obligations.

By using Pulse Up from the EU/EEA or UK, you consent to the transfer and processing of your data in the United States. We take appropriate technical and organizational measures to safeguard your information.

To make a GDPR request, please email us at contact@pulseup.com with the subject line:
“GDPR Data Request.” You may also contact your local Data Protection Authority.