Pulsar is an intuitive, easy to use application that lets you customize the UI to fit your business needs. Simply download the app from iTunes/Android/Windows stores and login and your data will be ready for full read/write offline access instantly.
binding terms of the agreement between Luminix, Inc. ("Licensor") and
the customer ("Customer") using the Pulsar software application (the
"Application"). The Application integrates with Customer's Salesforce
account and certain social media accounts and allows access to such
accounts on a mobile device. The Application is currently available in
one unpaid version, but Licensor may subsequently create multiple
versions that are paid or unpaid, and all such versions shall be
If you are using the Application on your own behalf as an
individual, then all references to the "Customer" shall mean you in
your personal capacity. If you are acting as an employee, consultant
or other authorized representative ("Representative") of an entity
using the Application, then "Customer" shall mean such entity.
BEFORE USING THE APPLICATION, YOU SHOULD CAREFULLY READ THE FOLLOWING
APPLICATION AND UNINSTALL IT. IF YOU ARE A REPRESENTATIVE OF AN ENTITY, BY USING THE
APPLICATION, YOU ARE CERTIFYING THAT YOU ARE AUTHORIZED TO LEGALLY BIND THE
"Customer Data" means any information provided by Customer to the
Application and stored locally on the Customer's hardware or on the
Customer's Salesforce or social media accounts.
"Documentation" means any documentation describing the use and
functionality of the Application available at Licensor's website.
"End-User" means the Customer, if the Customer is an individual, or
the Representative, if the Customer is an entity.
"Subscription Fees" mean any fees paid by Customer for the right to
access and use the Application. The Application currently does not
require any Subscription Fees, though Licensor reserves the right to
impose Subscription Fees in its discretion.
"Taxes" means any direct or indirect local, state, federal or foreign
taxes, levies, duties or similar governmental assessments of any
nature, including value-added, sales, use or withholding taxes.
"Term" shall mean the period between the date on which Customer
2. TERMS OF LICENSE.
payment of any applicable Subscription Fees, Licensor hereby grants to
Customer a limited term, non-sublicensable, non-transferable, and non-
exclusive license during the Term to use the Application on one or
more mobile devices controlled or owned by an End-User for Customer's
internal business purposes and solely in accordance with the
Documentation. Customer may not make the Application available over a
network where it could be used by multiple devices simultaneously.
Customer may copy the Application only for backup purposes. The
license granted in this Section 2.1 is limited to the registered
End-User. End-User subscription licenses are for a specific, named
End-User and cannot be shared or used by more than one individual
End-User. Customer is responsible for all activities conducted under
its End-User logins.
provided by Licensor that replace and/or supplement the Application,
unless such upgrade is accompanied by a separate license in which case
the terms of that license will govern.
3. CUSTOMER RESTRICTIONS AND RESPONSIBILITIES RELATING TO USE OF THE
3.1 LEGAL USE OF APPLICATION. Customer shall not, either
directly, or through an End-User, employee, agent or other third
party, use the Application in a manner that is prohibited by any law
or regulation, that violates any third party rights or that
facilitates the violation of any law, regulation or third party
rights, or that would disrupt any third party use or enjoyment of any
services provided by Licensor.
3.2 RESTRICTIONS ON USE OF APPLICATION. Customer shall not and
shall ensure that any End- Users do not: (a) resell, sublicense,
lease, time-share or otherwise make the Application available to any
third party except as expressly permitted herein; (b) use the
Application to send or store infringing or unlawful material or
material containing software viruses, worms, Trojan horses or other
harmful computer code, files, scripts, agents or programs; (c) modify,
copy or create derivative works based on the Application; (d) reverse
engineer, decompile, or disassemble the Application; (e) access the
Application for the purpose of building a competitive Application or
service or copying its features or user interface; or (f) violate any
Salesforce account or social media accounts.
3.3 CUSTOMER BREACH. IF CUSTOMER FAILS TO COMPLY WITH THE
OBLIGATIONS SET FORTH IN THIS SECTION 3, LICENSOR RESERVES THE RIGHT
TO SUSPEND THE CUSTOMER'S USE OF THE APPLICATION UNTIL SUCH FAILURE IS
REMEDIED OR TERMINATE CUSTOMER'S USE OF THE APPLICATION.
4.1 OWNERSHIP OF INTELLECTUAL PROPERTY. As between the
parties, Licensor or its third- party providers shall retain all
ownership rights in the Application and the technology, software,
products, processes, algorithms, user interfaces and know-how related
to the Application. Customer shall retain all ownership rights in its
Customer Data. No license, right or interest in any Licensor or
Customer trademark, copyright, trade name or service mark is granted
4.2 LICENSE OF FEEDBACK. Licensor shall have a royalty-free,
fully paid-up, nonexclusive, perpetual, irrevocable, worldwide,
transferable, sublicensable license to use, copy, modify, or
distribute, including by incorporating into the Application, any
suggestions, enhancement requests, recommendations or other feedback
provided by Customer or its End-Users relating to the Application.
5. SUBSCRIPTION FEES FOR CERTAIN VERSIONS OF THE APPLICATION.
5.1 SUBSCRIPTION FEES. Licensor may in the future charge
Subscription Fees for certain versions of the Application. Customer
shall be charged monthly in advance for Subscription Fees, in
accordance with Licensor's then current billing procedures. All
payment obligations are non-cancelable and upon payment all payments
made by Customer are non-refundable. Any payment not received from
Customer by the due date may result in suspension of Customer's
ability to access the Application until payment is made.
5.2 TAXES NOT INCLUDED. Unless otherwise provided, Licensor's
fees do not include any Taxes, and Customer is responsible for paying
all Taxes associated with its purchases hereunder, excluding Taxes
based on Licensor's net income or property. If Licensor has the legal
obligation to pay or collect Taxes for which Customer is responsible,
the appropriate amount shall be charged to and paid by Customer,
unless Customer provides a valid tax exemption certificate authorized
by the appropriate taxing authority.
5.3 MONITORING OF END-USER LICENSES. Customer is responsible
for monitoring Customer's use of the Application by End-Users. If
Customer's use of the Application is found to be greater than that
contracted for, at Licensor's option Customer will be charged for the
additional End-User license Subscription Fees for the period
commencing on the date of use of such additional End-User licenses, or
Licensor may suspend all use of Application until such payment or
terminate all use of the Application.
6. NO WARRANTIES.
6.1 NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
APPLICATION IS PROVIDED "AS-IS" AND NEITHER LICENSOR NOR ITS THIRD PARTY PROVIDERS
MAKE, AND YOU RECEIVE, NO WARRANTY (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT
TO THE APPLICATION OR ANY USE THEREOF. LICENSOR EXPRESSLY DISCLAIMS ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN,
CONDITION, CAPACITY, PERFORMANCE, TITLE, ACCURACY, AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT LICENSOR DOES NOT
WARRANT THAT THE APPLICATION WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE
OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL
SOFTWARE ERRORS WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS EMPLOYEES,
DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES
OR CREATE ANY NEW WARRANTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO A
PORTION OF THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, ANY
IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF
DELIVERY OF THE APPLICATION. THIS WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS.
CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LICENSOR DOES NOT MAKE ANY REPRESENTATION THAT USE OF THE APPLICATION IS
APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES OR
WHERE IT IS ILLEGAL OR PROHIBITED BY LAW OR LICENSOR.
6.2 NO WARRANTY AGAINST LOSS OF DATA. Without limiting the
generality of the foregoing disclaimers, Customer acknowledges that it
is Customer's responsibility to backup Customer Data and any other
data stored in the Application. The Application is not designed to
operate without error. In no event will Licensor assume liability for
any loss or corruption of Customer Data or other data stored in the
7. LIMITATION OF LIABILITY.
7.1 LIMITATION ON DAMAGES. In no event shall the aggregate
liability of Licensor and its licensor(s), distributors and other
service providers to Customer for any damages whatsoever, whether
arising under contract, tort or otherwise, arising under or related to
greater of (a) $100 or (b) the amount of Subscription Fees paid to
Licensor in the six months prior to the claim.
7.2 WAIVER OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION OR ANY OTHER PERSONAL INJURY OR COMMERCIAL DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO CUSTOMER'S USE OR INABILITY TO USE THE APPLICATION,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL
INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU.
7.3 NO EXCEPTIONS. THE LIMITATIONS IN THIS SECTION 7 SHALL APPLY WHETHER OR
NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8. TERM AND TERMINATION.
terminated by either Customer or Licensor. Either party may terminate
version of the Application to another, at any time by. Customer will
immediately cease using the Application upon termination of these
Terms and Conditions and destroy all copies of the Application upon
such termination. Customer will not be entitled to a refund of
Subscription Fees upon any such termination.
8.2 SURVIVAL. The provisions of Sections 1, 4, 6, 7, 8 and 9
9. GENERAL TERMS.
9.1 GOVERNMENT CUSTOMERS. If Customer is a federal government
entity or is licensing the Application on behalf of such an entity,
Licensor provides the Application and related technology, for ultimate
federal government end use solely as follows: Government technical
data and software rights related to the Application include only those
rights customarily provided to the public as defined in these Terms of
Use. This customary commercial license is provided in accordance with
FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for
Department of Defense transactions, DFAR 252.227-7015 (Technical Data
- Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer
Software or Computer Software Documentation). If greater rights are
needed, a mutually acceptable written addendum specifically conveying
9.2 INDEPENDENT CONTRACTORS. The parties are independent
contractors, and no partnership, franchise, joint venture, agency,
fiduciary or employment relationship between the parties is created
9.3 ENTIRE AGREEMENT. To the extent of any conflict between
of Use shall prevail unless expressly stated
otherwise. Notwithstanding any language to the contrary therein, no
terms stated in a purchase order or similar ordering document (other
than a mutually executed order document) shall be incorporated into
Use represent the entire agreement of the parties hereto, and
supersede all prior or contemporaneous agreements, proposals or
representations, written or oral, concerning its subject matter.
9.4 WAIVERS. No amendment or waiver of any provision of these
Customer and Licensor. No failure or delay in exercising any right
hereunder shall constitute a waiver of such right. Except as otherwise
provided, remedies provided herein are in addition to, and not
exclusive of, any other remedies of a party at law or in equity.
held by a court of competent jurisdiction to be contrary to law, such
provision shall be modified by the court and interpreted so as best to
accomplish the objectives of the original provision to the fullest
extent permitted by law, and the remaining provisions shall remain in
inure to the benefit of, the parties hereto and their respective
successors and assigns. Notwithstanding the above, Customer may not
operation of law or otherwise, without the prior written consent of
Licensor. Any assignment in violation of this Section shall be null
without consent of Customer, to a successor in interest to the
merger, reorganization or asset sale.
9.7 EXPORT CONTROL. Customer agrees to comply with all
applicable export regulations of the United States Department of
Commerce and with the United States Export Administration Act, as
amended from time to time, and with all applicable export laws and
regulations of other jurisdictions with respect to the provision and
use of the Application.
have been made in the State of California, and the provisions and
in accordance with the laws of the State of California, without regard
to conflict of laws principles thereof. EXCEPT FOR ANY ACTIONS FOR
PRELIMINARY EQUITABLE RELIEF, THE EXCLUSIVE VENUE FOR ANY DISPUTE
RELATING TO THIS AGREEMENT IS SAN FRANCISCO, CALIFORNIA. CUSTOMER AND
LICENSOR CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. The
United Nations Convention on Contracts for the International Sale of
Goods shall not apply
Licensor's website at http://www.luminixinc.com or in the Application
itself. Though Licensor will attempt to notify Customer of any
Customer's registered email address, it is the Customer's
update shall be effective even if Customer does not receive notice of
such update. If Customer does not consent to the updated Terms of
Use, Customer can uninstall and discontinue use of the Application.
Customer's continued use of the Application will constitute acceptance
Licensor suggests Customer print out a copy of these Terms of
Use for Customer's records. Should Customer have any questions
out on Licensor's website at http://www.luminixinc.com.
Luminix and Pulsar are trademarks of Licensor. Salesforce is a
registered trademark of Salesforce, Inc.
Updated: May 25, 2012
personally-identifiable information regarding our customers collected by Luminix, including through the
Luminix website at www.luminixinc.com and the Pulsar software application.
How does Luminix gather and use personal information?
When you place an order, contact technical support, activate your product, download software, or respond
to our promotional campaigns, we may gather certain personal information from you to respond to your
request. For example, we may collect information such as your credit card number, contact information,
and billing and shipping address and use it to complete your order. If we have trouble processing an order,
this contact information may be used to get in touch with you. Luminix does not store your credit card or
For your protection and ours, all information on an order form, including credit card holder's name,
number, billing address, is subject to verification prior to processing any order. This is to prevent fraud, and
the unlikely use of the credit card without the cardholder's permission.
Personal information does not include "aggregate" information. Aggregate information is data we collect
about a group or category of products, services or customers, from which individual customer identities
have been removed. An example of aggregate information is usage logs. In other words, information
about how you use a service or product may be collected and combined with information about how others
use the same service or product. Aggregate data helps us and our third party advertisers understand trends
and our users' needs so that we can better consider new features or otherwise tailor our services and
How does Luminix protect personal information?
We take reasonable precautions to protect your personally-identifiable information. Where we collect
sensitive information (such as credit card data or passwords), that information is encrypted and transmitted
to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web
browser, or looking for "https" at the beginning of the address of the web page. Only employees who need
personally-identifiable information to perform a specific job are granted access to personally-identifiable
Will Luminix share my personal information with other companies or people?
Luminix does not sell, rent, trade, or lease your personal information for marketing purposes. We may
share information with third-party agents who provide services for our internal business operations (for
example: payment processing). These agents must comply with our privacy policies and cannot use your
personal data for any other purpose.
Apart from this, we disclose personal information only in the good faith belief that we are required to do so
by law, or that doing so is reasonably necessary to: (i) comply with legal process; (ii) respond to any
spamming or Internet crimeware abuses; or (iii) to protect the rights, property or personal safety of
Luminix, our customers, or the public.
Note to United States customers: Luminix complies fully with all laws of the United States and the State of
California. If required by law, through subpoena or other legal requirement, we will release information in
our possession about members that are the subject of an investigation.
Note to European customers: The information you provide us will be transferred outside the European
Economic Area for the purpose of processing by Luminix, its affiliates and agents. By submitting your
information, you agree to that international transfer.
Does Luminix have access to the information in my Salesforce account?
Luminix does not use or have access to data stored in your Salesforce account. Data stored in your
Salesforce remains your property.
Communications from the Luminix website
We may send new customers a welcoming email to verify confirmation of activation of Luminix products
and/or services. You may occasionally receive information on products, special deals, and a newsletter.
Does Luminix ever ask a customer for their personal information via email?
Luminix will never ask a customer for personal information via email unless it is in regards to supporting a
customer at his/her request. If someone tells you he is an Luminix employee and asks you for your
information, please report this issue to us. However, if you contact Luminix's Support Team regarding an
issue with your Luminix service, members from the Support Team may ask for some personal information
to better serve you, such as your name, email, and information about your computer setup. Luminix will
never ask you for your login information, such as passwords or answers to your secret questions.
Luminix's services may contact you via email regarding the security or standing of your Luminix account.
For example, you may receive an email with a confirmation code when you reset a password, or an email to
alert you that your subscription services are due to expire. These emails may contain links, but the links
will always be visible and direct you to the www.luminixinc.com domain.
Does Luminix collect information on minors?
Luminix does not intend to collect information from children who are under the age of 18 in the European
Union and Asia Pacific, or under the age of 14 in the United States and Latin America. If you do not meet
these age limits, you should not provide information on this site and should ask your parent or guardian to
do so for you. Any information you provide may be deleted without warning, if we believe that you are less
than 14 years of age.
What are cookies and how does Luminix use them?
you with better service and security. A cookie is a small data file that your web browser writes to your
computer when you visit our website. That file may contain information that we use to track the Web pages
you have visited or how often you have visited Luminix's website. The primary reason Luminix uses
cookies is to prepare customized pages for you and to improve Internet security and overall usability of our
We also may use third-party advertising technology to serve ads on the websites where we advertise.
Generally, advertisements are served by ad networks, such as DoubleClick, that are independent of us.
Third-party servers may employ cookies or action tags to measure advertising effectiveness, target
advertising to individuals and for other purposes. For more information about third party technology used
to serve advertising, as well as to obtain software tools that will allow you to opt-out of targeted
advertising, please visit the Network Advertising Initiative.
turning them off in your browser. If you turn off cookies, our website may not function properly or you
may not be able to access all the functions of our website.
How can I manage my personal information or unsubscribe from emails?
For e-newsletters, software updates notices, and special offers, you may unsubscribe from receiving such
Luminix communications by following the instructions at the bottom of such communications. You can
also contact us to see what personally-identifiable information we have about you or to change or correct
your personally-identifiable information.
How can I contact Luminix if I have any further questions?
You can email us at email@example.com.
This web site may contain contains links to other sites. Please be aware that we are not responsible for the
content or privacy practices of such other sites. We encourage our users to be aware when they leave our
site and to read the privacy statements of any other site that collects personally-identifiable information.
Luminix is dedicated to continually improving by adding new functionality, products, services and
programs. Because of those improvements along with the changes in the law, technology, and Luminix's
any time without notice to you. However, Luminix will use reasonable efforts to provide notice of any
material changes to this policy to you at your registered email address. It is your responsibility to maintain
available on our website and will indicate the date that it went into effect.
understand how your information will be used.
Luminix and Pulsar are trademarks of Licensor. Salesforce is a registered trademark of Salesforce, Inc.
Updated: May 25, 2012