Terms of Use
By using PulseForm, you agree to these Terms of Use. Please read them before using the service.
1. The service
PulseForm is a SaaS platform for creating and distributing surveys and feedback widgets for websites. The service is provided by the company behind the product, hereinafter "PulseForm".
2. Eligibility
You must be at least 18 years old and have legal capacity to enter into contracts to use PulseForm. By creating an account, you confirm that the information provided is true and current.
3. Plans and payments
- PulseForm offers a free plan with limitations and paid plans with additional features.
- Payments are processed via AbacatePay (PIX and credit card).
- Subscriptions are charged upfront at the start of each period.
- Cancellations end the subscription at the end of the paid period, with no prorated refund, except where required by law.
- PulseForm may change prices with 30 days notice.
4. Acceptable use
You agree not to use PulseForm to:
- Collect personal data from third parties without proper legal basis and consent;
- Send spam, phishing, or any misleading communication;
- Infringe third-party intellectual property rights;
- Run denial-of-service attacks or otherwise abuse the platform technically;
- Store sensitive data (health, financial, IDs) without proper security measures;
- Any illegal activity or activity that violates third-party rights.
5. Data protection roles — Data Processing Agreement (DPA)
This clause constitutes the Data Processing Agreement between you and PulseForm for the purposes of Art. 28 of the GDPR and Art. 39 of Brazil's LGPD (Law 13.709/2018).
5.1. Role definition
- You are the Controller of all personal data collected, imported or processed through any form, survey, widget or integration you build, publish or distribute via the platform. You determine the purposes, the question content, the audience, the legal basis and the retention period.
- PulseForm is the Processor and processes that data strictly on your behalf, in accordance with your documented instructions and the technical limits of the service.
- For your own account, billing and platform-usage data, PulseForm acts as an independent Controller, as described in the Privacy Policy.
5.2. Your obligations as Controller
Any and all responsibility under GDPR, LGPD or applicable sectoral regulation with respect to the responses and data subject information collected through your forms is exclusively yours, including:
- Defining and documenting the legal basis for processing (consent, contract performance, legitimate interest, etc.);
- Obtaining and proving free, informed, specific and unambiguous consent where required;
- Providing data subjects with clear information on purpose, retention and sharing;
- Fulfilling data subject rights (access, rectification, erasure, portability, objection, withdrawal) within legal deadlines;
- Refraining from processing sensitive data, children's data or special categories without adequate safeguards;
- Maintaining a Data Protection Impact Assessment (DPIA / RIPD) when applicable;
- Responding directly and exclusively to data subjects, the ANPD and any competent authority regarding collected responses;
- Indemnifying PulseForm against any claim, administrative sanction, fine or lawsuit resulting from use of the platform in breach of law.
5.3. PulseForm's obligations as Processor
As Processor, PulseForm commits solely to:
- Process data only on your instructions and under these Terms;
- Apply reasonable technical and organisational security measures (encryption in transit, at rest where applicable, access control, audit logging);
- Maintain a record of processing activities;
- Assist the Controller, where reasonable and possibly at additional cost, in handling data subject and authority requests;
- Notify the Controller, within a reasonable timeframe, of confirmed security incidents affecting the processed data;
- Return or delete the data at the end of the contract, in line with the retention policy and except where law requires retention.
PulseForm is not responsible for the purpose of processing, the content of questions, the lawfulness of collection, the validity of consent, the accuracy of the data, or any obligation that the law assigns solely to the Controller.
5.4. Sub-processors
You authorise PulseForm to engage the sub-processors (hosting providers, payment processors, integrations, AI models) listed in the Privacy Policy. Material changes to that list are communicated 15 days in advance, allowing you to object by terminating the contract.
5.5. International transfers
Some sub-processors operate outside Brazil/the EEA. Transfers rely on Standard Contractual Clauses or equivalent safeguards. You acknowledge and expressly authorise these transfers.
6. Intellectual property
PulseForm's code, design, brand and technology are the exclusive property of the company. You retain all rights to the data and content you insert into the platform.
7. Availability and SLA
PulseForm strives to keep the service available but does not guarantee uninterrupted availability. Scheduled maintenance will be announced in advance. No guaranteed SLA for free plans.
8. Limitation of liability
PulseForm is not liable for indirect damages, lost profits, or loss of data resulting from use or inability to use the service, except as required by law.
9. Termination
You may cancel your account at any time in settings. PulseForm may suspend or terminate accounts that violate these terms, with or without notice depending on the severity of the violation.
10. Changes to terms
We may update these terms. Material changes will be announced 15 days in advance by email. Continued use after that period constitutes acceptance of the new terms.
11. Governing law
These terms are governed by Brazilian law. The courts of São Paulo/SP are the chosen forum for any disputes.
12. Contact
Questions about these terms: contact@pulsex.com.br