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Legal

Terms of Service.

Effective
April 27, 2026
Last updated
April 27, 2026
Company
ThePulse Creative Solutions LLC
Contact
[email protected]

1. Acceptance of Terms

By installing, accessing, or using the Daima Subscriptions App ("Daima," "the App," "the Service," "we," "us," or "our"), you ("Merchant," "you," or "your") agree to be bound by these Terms of Service ("Terms") and the Privacy Policy incorporated by reference. If you do not agree to these Terms in full, do not install or use the App.

These Terms constitute a binding legal agreement between you and ThePulse Creative Solutions LLC ("Company"), a California limited liability company, the developer and operator of Daima. The individual installing or accepting on behalf of an entity represents that they have authority to bind that entity.

Continued use of the App following any update to these Terms constitutes acceptance of the updated Terms. Where applicable law requires affirmative consent for material changes, we will provide reasonable notice via email to the address on file with Shopify or via in-app notification.

2. Description of Service

Daima is a software-as-a-service application offered through the Shopify App Store. Functionality currently includes, without limitation:

  • Creation and management of subscription selling plans on Shopify-hosted stores
  • A customizable on-storefront subscription widget ("Subscribe & Save") embedded via Shopify Theme App Extension
  • A customer self-service portal for subscribers to skip, pause, resume, cancel, swap products, or change billing dates
  • Aggregated daily widget analytics (impressions, clicks, conversion rate)
  • Period-over-period revenue analytics (Pro tier)
  • A/B testing of widget variants (Pro tier)
  • Loyalty tier rewards with stacking discount logic (Pro tier)
  • Gift subscriptions with automated recipient email delivery (Pro tier)
  • An affiliate program with code generation, commission tracking, and a separate affiliate-facing dashboard authenticated via HMAC (Pro tier)
  • A subscription upsell at checkout via Shopify Checkout UI Extension (Pro tier)
  • A churn prediction dashboard generating per-subscriber risk scores from behavioral signals (Pro tier)
  • Custom CSS injection for advanced widget styling (Pro tier)
  • Subscription contract data import via CSV upload
  • Webhook event triggers compatible with Shopify Flow
  • Priority email support for Pro tier merchants

The available feature set evolves. Features may be added, modified, deprecated, or removed at our sole discretion, with reasonable notice for material changes affecting paid features. Some features may be released as beta or experimental per Section 11.

3. Eligibility, Account, and Authorized Use

To use Daima, you must:

  • Operate a live, paid Shopify store in good standing with Shopify, Inc.
  • Be authorized to bind your business to these Terms and the Privacy Policy
  • Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater
  • Comply with Shopify's Terms of Service, Acceptable Use Policy, and API License and Terms of Use, as well as all applicable law in your jurisdiction
  • Not be located in, or a national or resident of, any country subject to U.S. embargo or designated by the U.S. government as a "terrorist supporting" country, and not be on any U.S. government list of prohibited or restricted parties

Authentication is handled exclusively through Shopify OAuth 2.0. We do not store passwords. You are solely responsible for maintaining the security of your Shopify account, your store's staff permissions, and any device with access to those credentials. You agree to notify us promptly at [email protected] if you suspect unauthorized access to or use of your Daima installation.

Each Shopify store requires its own Daima installation and billing relationship. Sharing a single Daima installation across multiple stores or attempting to circumvent the per-store billing model is a material breach of these Terms.

4. Subscription Plans, Billing, and Renewals

4.1 Plan Tiers

Daima is currently offered in two plan tiers. Tier features and pricing are subject to change in accordance with Section 14.

  • Free: $0/month base fee, plus a 2.5% commission on subscription order revenue, hard-capped at $50 USD per calendar month per store. Includes core subscription management features.
  • Pro: $9.99 USD/month flat, no commission. Includes all Free features plus advanced analytics, A/B testing, loyalty tiers, gift subscriptions, affiliate program, checkout upsell, churn prediction, custom CSS injection, and priority support.

4.2 Free Trial

The Pro plan includes a seven (7) day free trial for first-time installations. After the trial ends, your Shopify store will automatically be charged the Pro monthly fee unless you cancel before the trial expires. No payment method is required at trial start; Shopify charges the payment method on file with your Shopify account at trial conversion. You may cancel at any time during the trial without charge.

4.3 Billing Method and Currency

All billing is processed exclusively through Shopify Managed Pricing. Charges appear on your Shopify subscription invoice and are subject to Shopify's billing terms. We do not directly handle, store, or process payment card information. All amounts are denominated in U.S. Dollars unless otherwise displayed. Currency conversion is handled by Shopify or your payment provider; we are not responsible for exchange rates or conversion fees.

4.4 Commission Calculation (Free Plan)

The 2.5% commission is calculated on the gross revenue (before refunds, taxes, or shipping) of subscription orders processed through Daima during a calendar month, as determined by Shopify order webhook data. The total commission per month per store is hard-capped at $50 USD. We reserve the right to audit and reconcile commission calculations and to bill or credit any discrepancies.

4.5 Plan Changes and Auto-Renewal

You may upgrade, downgrade, or cancel at any time from within Shopify Admin or the Daima Billing page. The Pro plan auto-renews monthly until cancelled. Upgrades take effect immediately. Downgrades apply at the end of your current billing period. Cancellations take effect at the end of the current billing period; no partial refunds are issued for partial months.

4.6 Refunds

If you are unsatisfied with the Pro plan within fourteen (14) days of your first paid charge, you may request a full refund by contacting [email protected]. After 14 days, all charges are non-refundable. Refunds are issued at our sole discretion outside the 14-day window. Commission charges on the Free plan are non-refundable once collected.

4.7 Taxes

Plan fees and commissions are exclusive of any sales, use, value-added, or similar taxes ("Taxes") imposed by any jurisdiction. You are responsible for all Taxes associated with your purchase of the Service, except for Taxes based on our net income.

5. Acceptable Use

You agree not to (and not to permit any third party to):

  • Use Daima for any illegal purpose, in violation of any applicable laws or regulations, or in any manner that infringes third-party rights
  • Attempt to bypass authentication, billing, security, or access-control mechanisms of the App
  • Reverse engineer, decompile, disassemble, or otherwise attempt to extract source code, algorithms, or trade secrets from the App, except to the extent expressly permitted by law that cannot be waived
  • Resell, sublicense, lease, distribute, white-label, repackage, or otherwise transfer your Daima access, output, or branding to any third party as your own service
  • Use automated tools, scripts, scrapers, or bots to access the App, collect data from the App, or generate excessive load on our systems beyond ordinary use
  • Use the App to send spam, phishing communications, deceptive marketing, or any unauthorized commercial messages, including via the gift subscription or affiliate notification features
  • Interfere with, disrupt, or compromise the integrity, security, or performance of the App or the systems of other users, including by introducing malicious code, denial-of-service activity, or unauthorized API calls
  • Misrepresent your identity, your business, your authority, or your relationship with us or with Shopify
  • Use the App to create, host, or promote content that is unlawful, harmful, threatening, harassing, obscene, defamatory, or otherwise objectionable
  • Operate a business in industries restricted by Shopify or by applicable law (including but not limited to firearms, illegal drugs, regulated financial products, or content prohibited by Shopify's Acceptable Use Policy)
  • Access the App if you are a direct competitor of ours for purposes of competitive analysis, benchmarking, or copying any features or design

We reserve the right, but not the obligation, to investigate suspected violations and to suspend or terminate access at our sole discretion, with or without notice, for any actual or suspected violation of these Terms or applicable law.

6. Intellectual Property

All right, title, and interest in and to Daima, including all software, source code, designs, graphics, user interfaces, logos, trademarks (including the marks "Daima" and the Daima sun mark), service marks, content, documentation, and all derivative works thereof, are and shall remain the sole and exclusive property of ThePulse Creative Solutions LLC and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App in accordance with these Terms during the term of your subscription, and for no other purpose.

You retain all rights, title, and interest in and to your store data, products, customer information, content, and any data you import into or generate within the App ("Merchant Data"). You grant us a limited, non-exclusive, royalty-free license to access, store, process, transmit, and display Merchant Data solely as necessary to provide and operate the Service, comply with law, and enforce these Terms.

You may not remove, alter, or obscure any proprietary notices, branding, or trademarks within the App or its outputs. Affiliate dashboards, recipient gift emails, and other branded outputs of the App may include "Powered by Daima" attribution; you may not strip this attribution without our written consent.

Feedback, suggestions, ideas, or proposals ("Feedback") you provide regarding the App are non-confidential and may be used by us without restriction or compensation.

7. Customer Data, Privacy, and Data Roles

Our collection, use, and protection of Merchant and end-customer data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For purposes of applicable data protection laws (including the GDPR and CCPA/CPRA), you are the data controller with respect to your subscribers' personal information, and we act as your data processor processing such information solely under your instructions and as described in the Privacy Policy and Section 11 of these Terms.

You are solely responsible for: (a) the lawful collection of any personal information you provide to or process through the App; (b) obtaining all necessary consents, notices, and authorizations from your subscribers for the processing activities the App performs on your behalf, including subscription billing, loyalty tier tracking, gift subscription emails, affiliate code allocation, and churn risk scoring; (c) responding to your subscribers' data subject requests and forwarding to us only those that require our action; and (d) complying with all applicable privacy, marketing, consumer protection, and tax laws governing your business and the relationship between you and your subscribers.

8. Merchant Responsibilities

You acknowledge and agree that you are solely responsible for the following, and we have no liability for any of the following:

  • Your relationship with your subscribers and customers. Daima is a software tool. You — not we — are the merchant of record, the seller, and the contract party with your subscribers. All disputes, refunds, chargebacks, fulfillment, customer service, returns, warranty claims, and complaints relating to your subscribers, products, or orders are your responsibility.
  • The lawfulness of your subscription program. Subscription commerce is regulated in many jurisdictions, including without limitation by the U.S. Federal Trade Commission, the California Automatic Renewal Law, the U.K.'s Consumer Rights Act, the EU Consumer Rights Directive, and various state-level subscription disclosure laws. You are responsible for ensuring your subscription terms, disclosures, cancellation flows, free trial conversions, and recurring billing practices comply with all applicable law in every jurisdiction your subscribers reside.
  • The accuracy of data you import or enter into the App, including CSV imports of historical subscription contracts, manually-entered selling plan terms, loyalty tier configurations, affiliate codes, and any other inputs.
  • Your use of the affiliate program, including but not limited to: vetting and onboarding of affiliates, payment of commissions to affiliates (we do not pay affiliates; we only track), compliance with FTC endorsement guidelines and equivalent laws in other jurisdictions, tax reporting for affiliate payments (e.g., Form 1099 in the United States), and resolution of disputes between you and your affiliates.
  • Your gift subscription program, including fraud and chargebacks resulting from gift purchases, recipient identity verification, redemption disputes, and content of gift recipient emails sent on your behalf.
  • Decisions made based on App outputs, including but not limited to actions taken in response to churn risk scores, A/B test results, or analytics. App outputs are advisory only; they are not guarantees of customer behavior, conversion rates, retention, or business outcomes.
  • Custom CSS or code you inject into the App. If you use the custom CSS feature or any code-injection capability, you are responsible for the safety, accessibility, performance, and theme compatibility of any code you provide. We are not liable for theme breakage, accessibility regressions, or visual defects caused by your code.
  • Compliance with Shopify's terms. Your continued use of Daima requires a Shopify store in good standing. If Shopify suspends, terminates, or restricts your store, the App will become unavailable and we have no obligation to refund or to provide alternative access.
  • Marketing claims about your subscription program, including any reference to subscriber counts, growth rates, retention statistics, or other metrics derived from the App. You may not represent App-generated metrics as audited or independently verified.
  • Backups and data export. While we maintain reasonable backups for our own operational continuity, you are responsible for maintaining your own records of subscription contracts, customer data, and any other Merchant Data critical to your business. Subscription contracts are stored in Shopify; if you uninstall the App, those contracts remain in Shopify and your responsibility.

9. Storefront Display and Theme Compatibility

The Daima Subscribe & Save widget renders on your storefront via Shopify Theme App Extensions. Storefront appearance, functionality, and performance depend on the Shopify theme you use, any third-party apps installed on your store, custom code in your theme, and your store's settings.

We design Daima for cross-theme compatibility and test against current versions of Shopify's Online Store 2.0 default themes. We do not guarantee compatibility with every Shopify theme, every third-party app, every custom storefront modification, or every browser and device combination. Visual conflicts, layout breakage, JavaScript errors, or feature unavailability caused by your theme, your other apps, or your customizations are your responsibility. We will use commercially reasonable efforts to investigate compatibility issues reported via our support channels.

The checkout subscribe-and-save upsell feature requires Shopify Plus or Shopify Checkout Extensibility, and is subject to Shopify's checkout extension limitations and policies.

10. Email Communications

The App sends transactional emails on your behalf, including without limitation: gift subscription redemption notifications to recipients, affiliate welcome and conversion notifications, and customer self-service portal confirmations. These emails are sent through our email service provider (Resend) using a verified sender domain we operate.

You authorize us to send transactional emails on your behalf as necessary to provide the Service. We do not guarantee email deliverability, inbox placement, or recipient receipt. Email delivery depends on the recipient's email provider, spam filters, blocklists, and other factors outside our control. You acknowledge that email is an inherently unreliable medium for time-sensitive communications.

You will not use the App to send unsolicited marketing emails, sweepstakes communications, or any communication that violates the U.S. CAN-SPAM Act, the Canadian Anti-Spam Legislation (CASL), the EU ePrivacy Directive, or equivalent laws in other jurisdictions.

If we send you operational emails (billing receipts, security notices, service updates, terms changes), they are not commercial marketing and you may not opt out without ceasing to use the Service.

11. Third-Party Services and Sub-Processors

To deliver the Service, we use the following third-party providers ("Sub-Processors"). Each Sub-Processor processes data only as necessary to perform its function and is bound by appropriate data processing terms. The list may be updated from time to time and the current list is maintained in our Privacy Policy.

Sub-ProcessorFunctionLocation
Shopify, Inc.Platform partner — store data, OAuth, billing, theme delivery, webhooksGlobal (per Shopify)
Supabase, Inc.Database hosting and authentication infrastructureAWS US-East
Vercel, Inc.Application hosting and edge delivery for App backendGlobal edge network
Resend (Resend Inc.)Transactional email delivery from [email protected]United States

You acknowledge that the Service depends on these third-party providers and that we are not liable for any outage, latency, security incident, data loss, deprecation, or breach of contract by any Sub-Processor that affects the Service. Where a Sub-Processor's terms or pricing change in a way that materially affects our ability to provide the Service, we may modify or discontinue affected features with reasonable notice.

We may add, remove, or replace Sub-Processors. Material changes affecting the location or category of personal data processing will be reflected in the Privacy Policy.

12. Beta and Experimental Features

From time to time, we may release features designated as "beta," "experimental," "preview," or similar ("Beta Features"). Beta Features are provided as-is, with no warranties of any kind, may be unstable, may produce unreliable output, and may be changed or removed at any time without notice. Use of Beta Features is at your sole risk. You agree not to rely on Beta Features for business-critical operations, and we have no liability for any consequences of your use of Beta Features.

13. Service Availability and Modifications

We work to maintain high uptime but do not guarantee that the App will be uninterrupted, error-free, secure, or available at all times. Scheduled maintenance, third-party service outages (including Shopify, Supabase, Vercel, or Resend), security incidents, network conditions, force majeure events, and unforeseen technical issues may cause downtime, degraded performance, or data delays.

We reserve the right to modify, suspend, or discontinue the Service or any feature at any time, with or without notice, and with or without cause. We will use commercially reasonable efforts to notify you of material changes affecting paid features.

We are not liable for any loss, damage, or business interruption resulting from service interruptions, modifications, or discontinuations, except to the extent required by applicable law that cannot be waived.

14. Termination

14.1 Termination by You

You may terminate your use of Daima at any time by uninstalling the App from your Shopify store. Upon uninstallation, recurring monthly billing stops immediately. Any commission accrued on the Free plan during the current calendar month, prior to uninstallation, remains payable.

14.2 Termination by Us

We may suspend or terminate your access to the App immediately and without prior notice if: (a) you breach these Terms or any incorporated policy; (b) your account becomes delinquent or your Shopify store is suspended by Shopify; (c) we reasonably suspect fraud, abuse, or unauthorized use; (d) we are required to do so by law or by Shopify; or (e) we cease offering the Service in your region. We may also terminate the Service in its entirety with thirty (30) days' written notice via email.

14.3 Effect of Termination

Upon termination by either party: (a) your license to use the App ends immediately; (b) Shopify will send us a shop/redact webhook within 48 hours, and we will delete all data associated with your store within 30 days as described in the Privacy Policy; (c) Sections 6 (Intellectual Property), 7 (Customer Data), 8 (Merchant Responsibilities), 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 19 (Indemnification), 20 (Governing Law), and 23 (Miscellaneous) of these Terms survive termination; and (d) any payment obligations accrued before termination remain payable.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) due to causes beyond its reasonable control, including but not limited to: acts of God, earthquakes, fires, floods, pandemics, epidemics, embargoes, war, terrorism, civil unrest, riots, strikes, labor disputes, governmental actions, internet or telecommunications failures, electrical outages, third-party service failures (including Shopify, Supabase, Vercel, or Resend), distributed denial-of-service attacks, ransomware or other cyberattacks, or shortages of materials, supplies, or transportation.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAIMA AND ALL ASSOCIATED FEATURES, OUTPUTS, REPORTS, PREDICTIONS, AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTY THAT: (A) THE APP WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR BUSINESS RESULT; (B) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY OUTPUTS, ANALYTICS, FORECASTS, RISK SCORES, A/B TEST RESULTS, OR PREDICTIONS WILL BE ACCURATE, RELIABLE, OR FREE FROM ERROR; (D) ANY DEFECTS WILL BE CORRECTED; OR (E) THE APP WILL BE COMPATIBLE WITH ANY PARTICULAR SHOPIFY THEME, THIRD-PARTY APP, OR CUSTOMIZATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THEPULSE CREATIVE SOLUTIONS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, DATA, USE, OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY UNDER OR RELATING TO THESE TERMS, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE THAT THE PRICING OF THE SERVICE REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

18. No Professional Advice

The App, including its analytics, churn predictions, A/B test outputs, loyalty tier recommendations, and any other generated content, is provided for informational purposes only and does not constitute legal, tax, accounting, financial, marketing, or other professional advice. You should consult appropriate licensed professionals before making decisions based on App outputs.

19. Indemnification

You agree to defend, indemnify, and hold harmless ThePulse Creative Solutions LLC, its affiliates, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, awards, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

  • Your use or misuse of the App
  • Your breach of these Terms or any incorporated policy
  • Your violation of any applicable law, regulation, or third-party right (including intellectual property, privacy, publicity, or contract rights)
  • Any Merchant Data you provide to or process through the App, including any content, claims, or representations you make about your products or your subscription program
  • Your relationship with your subscribers, customers, affiliates, or gift recipients, including disputes, refunds, chargebacks, or claims of misrepresentation
  • Your custom code, custom CSS, or other technical modifications you introduce
  • Tax obligations (other than our own income taxes) arising from your use of the App or your business operations

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense. You will not settle any claim without our prior written consent.

20. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or your use of Daima will be resolved exclusively in the state or federal courts located in California, and you and we consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent material harm.

21. U.S. Government End Users

The App is "commercial computer software" and "commercial computer software documentation," as those terms are used in 48 C.F.R. §12.212. If you are a U.S. government entity, your use of the App is subject only to the rights set forth in these Terms, consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4.

22. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top of this page and provide reasonable notice via email to the address on file with Shopify or via in-app notification. Continued use of Daima after changes take effect constitutes acceptance of the updated Terms. If you do not agree to changes, your sole remedy is to uninstall the App and discontinue use.

23. Miscellaneous

23.1 Entire Agreement

These Terms, together with the Privacy Policy and any policies or notices linked to or referenced from these Terms, constitute the entire agreement between you and us regarding the App and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, regarding the same subject matter.

23.2 Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if it cannot be so modified, shall be severed, and the remaining provisions shall remain in full force and effect.

23.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision. No waiver will be effective unless made in writing and signed by an authorized representative of ThePulse Creative Solutions LLC.

23.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this Section is void. We may assign these Terms in connection with a merger, acquisition, sale of assets, reorganization, or similar transaction without your consent.

23.5 Relationship of the Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has authority to bind the other or to incur obligations on the other's behalf.

23.6 Notices

Notices to us must be sent to [email protected] and are deemed received upon our acknowledgment. Notices to you may be sent to the email address on file with your Shopify account or via in-app notification, and are deemed received upon transmission.

23.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

23.8 Survival

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 6, 7, 8, 16, 17, 18, 19, 20, and 23.

24. Contact

For questions about these Terms or for general support:

ThePulse Creative Solutions LLC
Support: [email protected]
Legal: [email protected]

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