1. Definitions

1.1. “Account” means an account held by a Player with the strict purpose of participating in the games held by game on the App.

1.2. “Force Majeure”  means any occurrence or condition beyond one’s reasonable control which leads to a delay or default in the performance of the affected party’s contractual obligation and shall, for the purposes of these Terms and Conditions, include Acts of God, government restrictions, wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, theft, malicious damage, strikes, lockouts, and/or any other cause beyond the reasonable control of the party whose performance is affected.

1.3. “Game Rules” means the instructions that appear on the game screen and reiterate the characteristics of that specific game, its rules, and limitations. The distribution of points per level is revealed for each game separately together with the rules. Each Game Rule forms an integral part of these Terms and Conditions.

1.4. “Inactive Account” means an Account which has not recorded any log-in and/or log-out for a period exceeding 3 (three) consecutive months.

1.5. “Intellectual Property means all trademarks, service marks and trade names as well as images, graphics, text, concepts, or methodologies found on the Website, the App and the material contained therein.

1.6. “Lives” means the number of attempts to play within one game; any loss lowers the number of Lives available to the Player.

1.7. “Market” means the market selected by the Player for a specific game.

1.8. “Number of Levels” means the maximum number of Markets subject to a game.

1.9. “Pulse” means Exinity CR.

1.10. “Player” means an individual having a contractual relationship with the App by creating an Account on the App. A body corporate cannot be a Player.

1.11. “Price” means the points required from the Player to enter the game.

1.12. “Prize” means the maximum points that can be won by the Player per Level as communicated in the Game Rules. If provided by the Game Rules, the Prize may have some form of monetary value.

1.13. “App” means the web app opened by the Player to use the Services.

1.14. “Services” means providing access to and administrating games through the App.

1.15. “Software” means all software used by the App to offer and/or operate the Services and/or run the App and the Website.

1.16. “Time per Trade” means the time interval necessary to run over the Market.

1.17. “Terms and Conditions” means this agreement, the privacy policy and any other documents referred to therein.

2. Account Management Rules

2.1. By opening an Account, the Player agrees that he/she has read, understood, and will adhere to these Terms and Conditions, incl. any Game Rules, the Privacy Notice and the Cookies Notice.

2.2. App may update, amend, edit, and supplement the Game Rules and these Terms and Conditions at any time and with no advance notice to the Players.

2.3. To be registered as a Player and to be assigned an Account, an individual may be required to:           

a provide a valid email address, password

b provide First Name, Last Name, Country of Residence and

c confirm that the Player is over 18 (eighteen) years of age or any other age of maturity applicable to the Player;

2.4. The app reserves the right to request from the Player proof of age, identity and residency after the Account is created and perform checks to verify the information provided. An Account may be suspended until requested information is provided.

2.5. A Player furthermore warrants and represents:

a. that any information provided while opening the Account is true and correct.

b. not to be a resident of any country, where using the Services, participating in the games, or accepting any Prize would be contrary to local laws or regulations. It is the Player’s responsibility to ascertain the terms of and comply with any local laws or regulations to which they are subject;

c. not being a US national or resident and not being a resident of the following countries Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden, Japan, Canada, Australia, North Korea, United Kingdom, Iran, Syria, Sudan and Cuba.

d. not to be restricted by limited legal capacity;

e. not to be acting on behalf of another person;

f.n ot to be conducting criminal activities whereby an Account is directly or indirectly involved;
g. not to use a system (including machines, robots, computers, software, or any other automated system) designed to defeat or capable of defeating the App, the Website and/or the Software.

2.6. The App reserves the right at its own discretion and at all times, to:

a. decline to open an Account and/or to close or suspend an existing Account without any explanation whatsoever;

b. transfer and/or license, without prior notice, data regarding a Player to any other legal entity, in any country, ultimately managed and controlled by its group, subject to App guaranteeing that the said data at all times is transferred and managed in accordance with applicable laws, data protection acts, the  Privacy Notice, the  Cookies Notice and/or similar;

c. forfeit the Prize available on an Account and/or refuse to honour a claim, in the event that, directly or indirectly: (i) the Game Rules have been violated; and/or (ii) other unauthorised activities have occurred in connection with the operation of the Account;

d. suspend and/or cancel the participation of a Player in the games, promotional activities, competitions, or other Services, whenever the App is of the opinion that there are legitimate concerns that an Account is, has been, or may be used for illegal, fraudulent, or dishonest practices.

2.7. The App warrants and represents at all times to:

a. manage the Prizes belonging to Players in a secure and appropriate manner; and/or

b. manage data regarding a Player in accordance with applicable laws, data protection acts, the  Privacy Notice, the Cookies Notice and/or similar.

2.8. A Player can only hold one Account at a time. If this rule is breached, The App reserves the right to block and/or delete all Account(s) held by the violating Player or reallocate all the Prizes to a single Account. No bonus given to the superfluous Account(s) will be reallocated.

2.9. An Account is non-transferable. It is prohibited for Players to sell, transfer, or acquire Accounts from or to other Players. Prizes cannot be transferred between Accounts.

2.10. A Player shall not allow any other individual, including any minor, to use its Account, access and/or use any material or information from the Website, accept any Prize, or access and/or participate in the Services.

2.11. The App reserves the right to close an Inactive Account if it has not recorded any log-in and/or log-out for a period exceeding 3 (three) consecutive months.

2.12. A Player may close its Account by contacting  Customer Support

2.13. If not claimed in advance, any Prizes in the Account will be cancelled upon closure of the Account.

2.14. The App will not make any monetary payment to a Player before the Player’s identity, age and place of residence have been sufficiently verified.

2.15. The App reserves the right to charge the Player for administrative costs resulting from claims of the Prize made by the Player, as indicated on the Website.

2.16. It is the sole responsibility of the Player to pay and proceed with all necessary diligence in relation to taxes on any Prize having a monetary value, if and where applicable. 

2.17. Timing of Prize Payouts:
a. Prizes won from the free games are processed within 24 business hours on weekdays or 48 hours on weekends.

b. The amount won will be credited to your account and show on in the balance section of your account. 

c. Players are required to adhere to the rules of the games and verify their identity when requested, prizes won can be withheld at any point should the player not comply. 

3. Game Rules

3.1. Each game has a group of defined set of characteristics, these include, but are not limited to:

a. Number of Levels

b. Time per Trade

c. Prize

d. Market

e. Lives

f. Price

3.2. To start the game the Player selects the direction of his/her prediction by swiping up or down on the Market graph.

3.3. The timer for the game starts when the Player swipes a direction on the Market graph.

3.4. The game screen will turn green to show the portion of the screen, that if the graph finishes in after the time has elapsed, the Player wins.

3.5. The screen will turn red to show the portion of the screen, that if the graph finishes in after the time has elapsed, the Player loses.

3.6. Should the graph finish at the same level as it started, then the Player will draw and have an opportunity to re-play the level

3.7. Once the time has elapsed the Player will be awarded a win or a loss.

3.8. In case of a loss:
a. If the Player has Lives, a Life will be removed, and the Player will be allowed to replay the Level again.
b. If the Player has no Lives, the game will end.

3.9. If the game ends the Player’s score will be recorded and added to the leader board section of the Website. Only the highest score of the Player will be recorded on the leader board.

3.10. The game continues until the Player runs out of Lives or completes all Levels within a game.

3.11. There is currently 2 leaderboards
a. weekly: the leaderboard opens each Wednesday at 00:00 UTC and closes Tuesday at 23.59.59 UTC each week;

b. daily: the leaderboard opens daily at 00:00 UTC and closes daily at 25:59:59 UTC.

4. Miscellaneous

4.1. Intellectual Property is the exclusive property of the App /or the App’s licensors. A Player is not entitled to exploit or otherwise use any Intellectual Property for whatever purpose without obtaining a licence to do so from Pulse or its licensors.

4.2. The App does not guarantee that data available on the Website or the App is accurate, or that it will always be available or be uninterrupted during games or otherwise.

4.3. The Game Rules have been drafted in English. Translations into other languages are made as a service and in good faith. In the event of discrepancy between the English version and a translation, the English version shall prevail.

4.4. The App does not provide advice to the Player regarding tax and/or legal matters. Should the Player wish to obtain advice regarding tax and legal matters, they are advised to contact appropriate advisers and/or authorities in the jurisdiction in which they are domiciled and/or resident.

4.5. The App reserves the right, at all times, to resolve any dispute, at its own discretion, in accordance with principles of equity. These Terms and Conditions will be governed by and construed in accordance with the laws of the United Kingdom.

4.6. The Player should take all appropriate measures to protect the data and/or software stored on their computer against all damage of any sort or intrusion that may come from using the Services.

4.7. The App does not acknowledge or accept any liability whatsoever for damage and/or losses to a Player and/or a third party caused directly and/or indirectly due to any:

a. use of the Services, participating in the games, or accepting any Prize;

b. mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, fault in reading these Terms and Conditions and the Game Rules;

c. error, technical failure, technical hazard, registration error, manifest error on the Website, in the App and in the Software;

d. cancellation of a game for any reason;

e. force Majeure and/or any other similar event;

f. violation of the Game Rules;

g. collusion and/or criminal actions of the Players.

4.8. The Player shall hold the App, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents, and retailers harmless and shall fully indemnify the same from all costs, expenses, liabilities, and damages whatsoever that may arise because of Player’s:

a. entry, use or reuse of the Website;

b. use of any Website material;

c. entry, use or reuse of the servers used to provide the Services;

d. entry, use or reuse of the  App;

e. participation in the games, chat functionalities and Services; or

f. the acceptance of any Prize.

4.9. Under no circumstances, including but not limited to negligence, shall the App, its Software and the App, software suppliers, subsidiary companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or the inability to use Pulse ‘s or its suppliers’ products, Pulse App and/or materials. The Player specifically acknowledges and agrees that Pulse is not liable for any defamatory, offensive, or illegal conduct of any Player. If the Player is dissatisfied with any Service, or with any of the present Game Rules, the Player’s sole and exclusive remedy is to discontinue using the Services.

4.10. The App will only use your personal data as set out in the Privacy Policy and Cookies Policy (as both are amended from time to time).

4.11. The App may transfer its rights and obligations under these Terms and Conditions to another entity.

4.12. The Player understands that the App reserves the right to change or remove any of its Services at any time.

4.13. The Player shall review the Game Rules as posted on the Website on a regular basis, and not less than once a month.