SOTI Pulse Terms of Use

SOTI Pulse Terms of Use

Welcome to SOTI Pulse. The following Terms of Use have been designed to guide all users that access this site. By accessing this site You agree that You understand, acknowledge and shall comply with the Terms of Use referenced herein. Please note that the Terms of Use is subject to change and it is Your responsibility to read any updates made to the Terms of Use. The most updated version of the SOTI Pulse Terms of Use can be found at https://www.soti.net/about/legal/terms/soti-pulse-terms-of-use/.

If You do not agree with the Terms of Use as referenced here, do not proceed to use this site.

This Agreement is between You and SOTI Inc. and its affiliates, a corporation located at 6975 Creditview Rd Unit 4, L5N 8E9, Mississauga Ontario, Canada.

1. Definitions

“Terms of Use” refers to these SOTI Pulse Terms of Use in its entirety.

“SOTI Pulse” shall mean the website https://pulse.soti.net/ made available to SOTI customers, partners, employees and/or prospects.

“Services” refers to the SOTI Pulse content which may include, but is not limited to, questions, answers, help and training, collaboration, ideas, discussions, event information, user groups, known issues, blogs and/or information related to SOTI’s existing or new features, products and services.

“We,” “Our” or “Us” means SOTI Inc., its worldwide subsidiaries and its affiliates.

“You” or “Your” means you as an individual and/or any company or organization for whom you are using the Service.

2. General Disclaimer

Unless specifically stated, the Services available via SOTI Pulse are for informational purposes only.

You acknowledge and understand that the information provided on the SOTI Pulse discussion board is for discussion purposes only. It is not a source for answers to any technical or business questions or any other issues. If You have a technical issue and need an answer, contact SOTI support for assistance. You understand and agree that Your use of any information from this discussion board is done at Your own risk and You will not hold the owner of SOTI Pulse liable for any information You take from the discussion board.

3. Your Account

In order to access and use SOTI Pulse, You may be required to set up an account with Your email address and a password (Your “Account”). By creating an Account, You give Us permission to access, store and use Your information in accordance with our privacy policy. The email address You provide will be Your email address and You are solely responsible for maintaining the confidentiality of Your password and all activities that occur under Your Account. Therefore, You should protect Your password and make Your password difficult for others to guess.

You may be permitted to sign into SOTI Pulse with a SOTI or third-party service and You give us permission to access, store and use Your information from that service. If You believe any of your related accounts have been compromised or misused, please contact Our customer support immediately.

Your first name, last name or username may be publicly displayed on SOTI Pulse. You agree that all information You have submitted is accurate. In the event of a change to Your information, it is Your responsibility to update Your information. You agree not to use the account, username and/or password of another SOTI Pulse user at any given time. You must also refrain from sharing Your information with another party. In the event of an unauthorized use of Your account, You must notify Us immediately. If We have grounds to suspect that Your information is untrue, inaccurate or incomplete, We have the right to suspend or terminate Your use of SOTI Pulse. We may further, in Our sole and exclusive discretion i) reject or remove anything that You may have posted, ii) restrict, suspend or terminate Your access to any or all of the site or iii) cease to provide and maintain the site without reason or prior notice and without any liability. Upon doing so, We shall retain or delete any information that You may have provided in accordance with Our privacy policy.

4. Privacy and Protection of Personal Information

We respect Your privacy and are committed to protecting it. We provide this privacy statement to inform You of Our privacy policy and practices. For SOTI’s privacy policy, please visit Privacy Policy. Please note that the privacy policy is subject to change and it is Your responsibility to read any updates made to Our policy.

5. Unlawful or Prohibited Use

You may not use the Services for any purpose that is unlawful or prohibited by the law and these Terms of Use. You may also not use the Services that could damage or interfere with any other party’s use and enjoyment of the available Services.

6. Content Available on this Website

You have permission to view content that is available on SOTI Pulse. However, You understand and acknowledge that i) You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, recreate, transfer and/or sell any information obtained within the Services, ii) all content is available for Your use and reference and shall not be copied, posted on any networks and/or broadcasted on any media.

7. Responsibilities and what is Expected of You

We take pride in what We do and We want You to do the same.

We expect You to treat all users of SOTI Pulse with courtesy and respect. Be compliant with these Terms of Use and all activities occurring within or from Your account.

Use all commercially reasonable efforts to prevent unauthorized access to or use of SOTI Pulse and notify Us immediately when You discover any unauthorized access or use.

We do not condone or tolerate bad behavior and neither should You. You shall not do the following:

Impersonate other people;
Make false statements about Your association with Us or anyone else;
Spam anyone;
Use the SOTI Pulse to store or transmit infringing, libelous, otherwise unlawful or tortious material or to store or transmit material in violation of third party privacy rights;
Use the SOTI Pulse to store or transmit malicious code or malware or to engage in phishing or other fraudulent activities;
Interfere with or disrupt the integrity or performance of SOTI Pulse or any data contained therein;
Attempt to gain unauthorized access to SOTI Pulse or other networks;
Scrape, data extract or data mine or any related activity from SOTI Pulse; or
Post, submit or link to any content (including any name or user ID You use in SOTI Pulse) that:
- Infringes or violates the intellectual property or other rights of any person or entity;
- Intentionally interferes with the operation of SOTI Pulse or any SOTI product or service;
- Violates anyone’s privacy or publicity rights;
- Breaches any duty of confidentiality that You owe to anyone;
- Provides any nonpublic information about Us or any other company or person without authorization (including the names and contact information for Our employees or SOTI Pulse users);
- Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; or
- Contains false or deceptive language, unsubstantiated or comparative claims regarding Our or others’ products, advertising, commercial referrals, spam, chain letters or any other solicitation, including solicitation of lawsuits.
- includes the following prohibited content:
  - adult content;
  - distribution of a copyrighted material;
  - embargoed goods;
  - hazardous materials;
  - illegal items and services; and/or
  - offensive and obscene materials

If We determine that any content violates these restrictions, We will reject the content from being published on SOTI Pulse or remove existing content without any prior notice.

You are responsible for compliance with Your employer’s policies and requirements. Furthermore, You are responsible for compliance with any regulatory or legal requirement You may be subject to as a result of Your employment, residence or role within an organization. Use for other purposes that are prohibited by law may result in civil and/or criminal penalties.

Use of the SOTI Pulse is at Your own risk. We may modify the functionality or look of SOTI Pulse and its interface at any time at Our discretion and such modifications may result in a loss of content associated with that functionality. We also reserve the right in Our sole discretion and without cause at any time and without notice to You, to remove or refuse to post any content submitted or posted by You to SOTI Pulse.

Always remember that the content available in SOTI’s Pulse is open to the public and Your audience is the world. Be sure to follow Our guidelines and if You are faced with a situation that raises a concern or question, please contact us at legal@soti.net. We are here to help.

8. SOTI Pulse Use Analysis

We may track and analyze Your use of SOTI Pulse in accordance with Our privacy policy for any improvements. We may disclose such data about Your use of SOTI Pulse to third parties for the purpose of assisting Us in such tracking or analysis or where required by law.

9. Feedback About SOTI Products

If You post or provide any suggestions, enhancement requests, recommendations or other feedback provided by You relating to SOTI products and services (“Feedback”), You agree to provide all Feedback without restriction and understand and acknowledge that We are free to disclose Your Feedback on a nonconfidential basis to anyone including third parties without any compensation. The Feedback shall be royalty-free and You provide us with a worldwide, transferable, sub licensable, irrevocable, perpetual license to use or incorporate Feedback into the SOTI products and services.

10. Trademarks

All SOTI trademarks used on SOTI Pulse are owned by their respective trademark owners and may only be used by You with the trademark owners express consent.

11. No Warranty

Content posted by other users and not by Us in SOTI Pulse is the responsibility of the author. Although We approve, reject or request for further information from Our partners prior to any publication of any material on SOTI Pulse, We assume no responsibility for any content posted by You or any third party regardless of Us having reviewed its content. Content posted by Us in SOTI Pulse is not a part of any user guide nor is it intended to be a technical document or legal agreement of any sort. All content is provided “AS-IS” and We do not make any representation to their quality and/or accuracy. In addition, We disclaim any accuracy, completeness, reliability, usefulness, non-infringement, quality and or originality of the content made by anyone including Our own employees.

We hereby disclaim all warranties and conditions with regards to information available herein, including all warranties and conditions of merchantability, express or implied. In no event shall We be liable for any special, indirect or consequential damages or any damages resulting from loss of use, data or profits, whether in an action or application of contract or tortious arising out of or in connection with the use of information available herein.

12. Indemnity

You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents and employees harmless from any claims, demands, liabilities, losses, damages, costs and/or expenses (including, without limitation, reasonable attorneys' fees) arising from: (i) Your breach of these Terms of Use or (ii) any claim made by any third party arising out of content You submit to or post on SOTI Pulse and Your activity on SOTI Pulse, including, but not limited to, Your violation of these Terms of Use.

13. Proprietary Rights

Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to all intellectual property rights created by Us and provided in SOTI Pulse, including but not limited to its user interface, branding, content, ideas and underlying technology. No rights are granted to You hereunder other than as expressly set forth herein.

By creating an Account, You agree that We may use Your information to send you event information, updates and survey evaluations. If You enter Your mobile phone number, You may receive event updates via Your mobile phone (by voice SMS, MMS or otherwise) at Your own cost. Subject to the above, We will treat Your personal information in accordance with Our privacy policy.

14. Third Party Links

SOTI Pulse may contain links to third party sites; such linked sites are not under Our control and We are not responsible for the content of any linked site or any link contained in a linked site. If You decide to access any of the third-party sites linked, You do so entirely at Your own risk.

15. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable to any extent, then the invalid portion shall be deemed conformed to the minimum requirements of law to the extent possible.

16. Relationship of the Parties

These Terms of Use can in no way be construed as creating a partnership, franchise, joint venture, agency, fiduciary or employment relationship between You and Us. You may not assign Your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without Our prior written consent.

17. Governing Law

These Terms of Use shall be governed exclusively by the laws of the Province of Ontario, Canada, without regard to its conflicts of laws rules. No suit, action, proceeding or claim arising under or by reason of these Terms of Use will be brought by either party in any place other than the provincial or federal courts located in the Province of Ontario. Each party irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to the service of process by mail or in any manner permitted by applicable law and consents to the jurisdiction of the courts of the Province of Ontario, Canada. The parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Terms of Use.