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服务条款
Version: 3.0
Effective Date: 17.09.2026
§ 1. General Provisions
The service available at https://www.pulsemonitor.net (the "Service") is operated by Radeal sp. z o.o., with its registered office at ul. Fiołkowa 25, 32-091 Michałowice, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000449093, NIP: PL9452171733, REGON: 122756670.
The Service Provider can be contacted by email at support@pulsemonitor.net.
The Service provides information about the Pulse Monitor software, enables Users to download the Software, create an Account where applicable, and purchase or otherwise obtain licenses to use the Software.
These Terms and Conditions define, in particular:
- the types and scope of electronic services provided through the Service;
- the rules for creating and using an Account;
- the rules for placing and processing Orders;
- the rules for electronic delivery of the Software and License Keys;
- the rules for complaints; and
- the rights and obligations of Users in connection with the use of the Service.
The use of the Software is additionally governed by the Pulse Monitor Software License Agreement, presented during installation of the Software.
The processing of personal data is governed by the Pulse Monitor Privacy Policy, available at:
https://www.pulsemonitor.net/en/privacy
In matters not regulated by these Terms and Conditions, applicable provisions of law shall apply, including Polish civil law, regulations concerning electronic services, consumer protection, copyright and applicable data protection law.
§ 2. Definitions
- Terms means these Pulse Monitor Service Terms and Conditions.
- Service means the website and related electronic services operated at https://www.pulsemonitor.net.
- Service Provider or Seller means Radeal sp. z o.o., with the details specified in § 1.
- Software means the computer software named Pulse Monitor made available by the Service Provider.
- License Agreement means the Pulse Monitor Software License Agreement governing the rights to use the Software.
- Free License means a license provided without a license fee for an indefinite period, subject to the functionality and other limitations applicable to the Free plan.
- Annual License means a paid license granted for the period specified in the applicable Order, normally twelve months.
- Perpetual License means a license granted for an indefinite period to use the Major Version covered by the license, in accordance with the License Agreement.
- Major Version means a version identified by the first number in the Software version number. For example, versions 4.0, 4.1 and 4.9 constitute the same Major Version: Pulse Monitor 4.x.
- License Plan means a particular Software plan, such as Free, Coach, Club or Academy.
- User means an individual who uses the Service or Software.
- Customer means a User who enters into an agreement with the Service Provider.
- Consumer means a natural person entering into a contract with the Service Provider for purposes outside that person's business or professional activity, to the extent such status is established under applicable law.
- Business Customer means a Customer entering into a contract directly in connection with that Customer's business or professional activity.
- Account means an individual account created on the Service which enables access to features made available to the User.
- Registration Form means the form used to create an Account.
- Order Form means the form used to place an Order.
- Order means an instruction to purchase a Software license submitted using the Order Form.
- License Key means the activation code or other credentials used to activate the Software and determine the applicable license rights and limitations.
- Workstation means a physical or virtual computer on which the Software is installed and activated.
- Electronic Service means a service provided electronically by the Service Provider to the User through the Service.
- Digital Content means data supplied in digital form, including the Software and License Key where applicable.
§ 3. Account
Certain functions of the Service, including the purchase of a paid license, may require the User to create an Account.
The User shall provide accurate and complete information when creating an Account or placing an Order.
The User is responsible for maintaining the confidentiality of login credentials and for preventing unauthorized access to the Account.
The User shall promptly notify the Service Provider if the User reasonably suspects unauthorized access to the Account.
The User may request termination of the Account by contacting: support@pulsemonitor.net
The Service Provider may suspend or terminate an Account where permitted by law, in particular in the event of a material breach of these Terms, unlawful use of the Service, attempts to compromise the security of the Service or other material abuse of the Service.
Termination of an Account does not automatically terminate a valid Perpetual License unless the applicable License Agreement or mandatory law provides otherwise.
§ 4. Electronic Services
Through the Service, the Service Provider may provide, among others:
- access to the Service website;
- Account maintenance;
- information concerning Pulse Monitor;
- access to Software downloads;
- Order processing;
- license management; and
- electronic communication concerning Orders and licenses.
Electronic Services are provided using Internet communication.
The Service Provider shall make reasonable efforts to maintain the proper functioning and availability of the Service.
Temporary interruptions may occur, in particular due to maintenance, updates, security measures, technical failures or circumstances beyond the Service Provider's reasonable control.
The Service Provider may temporarily restrict access to particular functions where necessary to perform maintenance, protect the Service against security threats or comply with legal obligations.
§ 5. Software Download and Free License
The Software is supplied in digital form and is not delivered on a physical medium.
The Software may be downloaded from the official Pulse Monitor website or another download location expressly authorized by the Service Provider.
The Software may be downloaded without placing an Order.
A User may install and use the Software without purchasing a paid license within the functionality available under the Free License.
The Free License is granted for an indefinite period and does not expire merely because a particular period of time has elapsed.
The Free License is subject to the functionality, Participant Limit, Workstation limitations and other conditions applicable to the Free plan.
The Free License is not a time-limited trial license.
Paid functionality requires an applicable paid License Plan and activation using the relevant License Key.
The detailed rights and restrictions concerning the Software are set out in the Pulse Monitor Software License Agreement.
The minimum technical requirements for the Software may be published on the Service and may be updated as a result of Software development, operating system changes or hardware requirements.
The User is responsible for ensuring that their computer and other equipment meet the currently published technical requirements.
§ 6. License Plans and Software Updates
The Service Provider may offer different License Plans, including Free, Coach, Club and Academy.
The features, Participant Limits, number of Workstations and prices applicable to individual License Plans are published on the Service or specified in the applicable Order.
A Free License is granted without a license fee for an indefinite period, subject to the applicable Free License limitations.
An Annual License is granted for the period specified in the Order, normally twelve months.
During an active Annual License, the Licensee is entitled to use the latest version of the Software applicable to the selected License Plan, including new Major Versions released during the active License Term.
A Perpetual License grants the Licensee an indefinite right to use the Major Version covered by the license.
A Perpetual License includes subsequent releases within the same Major Version, including maintenance releases, bug fixes, security updates and feature updates.
For example, a Perpetual License for Pulse Monitor 4.x includes releases within the 4.x series.
A new Major Version, such as Pulse Monitor 5.x, constitutes a separate Major Version and is not automatically included in a new Perpetual License for Pulse Monitor 4.x unless the Service Provider expressly states otherwise.
The Service Provider may offer upgrades to new Major Versions on separate commercial terms.
A Perpetual License acquired before the Effective Date of these Terms remains subject to the contractual rights applicable when that license was acquired. The licensing model introduced by these Terms does not retroactively reduce rights already granted.
Nothing in this section excludes or limits mandatory obligations to provide updates or remedies arising under applicable consumer or digital content law.
§ 7. Orders
Orders for paid licenses may be placed using the Order Form available through the Service.
Before placing an Order, the Customer should review:
- the selected License Plan;
- License Term;
- number of Workstations;
- Participant Limit, where applicable;
- price and currency; and
- other material characteristics of the license.
The Customer is responsible for ensuring that information entered into the Order Form is accurate and complete.
An Order is submitted by completing the Order Form and using the action button that clearly indicates the obligation to pay.
Before submitting an Order, the Customer is provided with access to these Terms, the applicable License Agreement and the Privacy Policy.
The Customer's submission of an Order constitutes an offer to enter into the relevant purchase agreement, unless the ordering process or applicable law provides otherwise.
The purchase agreement for a paid license is concluded when the Service Provider accepts or confirms the Order in accordance with the ordering process.
The Service Provider may refuse or cancel an Order where permitted by law, including where payment cannot be completed, the Order contains materially incorrect information or the requested license cannot be supplied.
If payment is not completed within the applicable payment period, the Order may be cancelled.
The Service Provider shall provide the Customer with confirmation of the agreement and the relevant contractual information on a durable medium where required by law.
§ 8. Prices and Payments
Prices are displayed in the currencies made available by the Service.
Taxes, including VAT, are applied in accordance with applicable law.
Where tax identification information is required or voluntarily provided for a Business Customer, the Customer is responsible for providing accurate and current information.
Available payment methods may include PayPal, PayU and payment card processing, depending on the country and availability of a particular payment method.
Payment is considered completed when successful payment is confirmed by the payment provider or the Service Provider.
The Service Provider may use external payment providers to process payments.
Payment processing may be subject to the terms and privacy policies of the relevant payment provider.
The Service Provider may issue invoices and other sales documents electronically where permitted by applicable law.
§ 9. Delivery of the Software and License Key
The Software is supplied electronically and is not delivered on a physical medium.
The Software is made available for download from the Service or another authorized download location.
Where a License Key is required, it is delivered electronically to the email address provided with the Order or associated with the Customer's Account.
The License Key may also be made available through the Customer's Account where such functionality is provided.
The Service Provider is not responsible for non-delivery caused by incorrect contact information supplied by the Customer, subject to mandatory law.
The Customer should retain the License Key because it may be necessary to reactivate or move the license to another Workstation.
Delivery of a License Key does not replace or modify the License Agreement. The right to use the Software is governed by the applicable License Agreement.
§ 10. Consumer Rights and Digital Content
Where a Customer qualifies as a Consumer under applicable law, mandatory consumer protection provisions apply to the purchase of the Software and other Digital Content.
Mandatory provisions concerning conformity of Digital Content, updates, remedies for lack of conformity and statutory rights of withdrawal remain unaffected by these Terms or the License Agreement.
Where the Customer is a Consumer and the Software constitutes paid Digital Content supplied without a tangible medium, the Service Provider shall comply with the requirements applicable to the commencement of delivery before the expiry of the statutory withdrawal period.
Where the law permits the Consumer to lose the statutory right of withdrawal upon immediate supply of paid Digital Content, such loss shall occur only after the statutory requirements have been fulfilled, including the required prior express consent and acknowledgment concerning the loss of the right of withdrawal.
The required consent and acknowledgment shall be obtained through the relevant ordering or checkout process where required by law. Acceptance of the License Agreement during Software installation does not by itself replace such consent.
The Service Provider shall provide the Consumer with confirmation of the agreement and the relevant information on a durable medium where required by law.
Where the statutory conditions for exclusion of the right of withdrawal have not been fulfilled, the Consumer retains the applicable right of withdrawal.
Nothing in these Terms or the License Agreement requires a Consumer to waive any statutory right that cannot legally be waived.
§ 11. Complaints
Complaints concerning the Service, purchase process, delivery or Software may be submitted electronically to: support@pulsemonitor.net
A complaint should, where reasonably possible, include:
- the Customer's name or Account information;
- the email address associated with the Order;
- a description of the issue; and
- information reasonably necessary to investigate the issue.
The Service Provider shall consider complaints within a reasonable period, taking into account the nature and complexity of the issue.
Where a complaint concerns lack of conformity of Digital Content or a digital service supplied to a Consumer, the Service Provider shall apply the statutory remedies available under applicable law.
This complaint procedure does not limit any mandatory statutory rights.
§ 12. Liability
The Service Provider shall perform its contractual obligations with reasonable care and in accordance with applicable law.
The Service Provider is not responsible for temporary interruptions caused by circumstances outside its reasonable control, including failures of external telecommunications providers, payment providers, Internet access, power supply, third-party services or force majeure.
The Service Provider is not responsible for problems resulting from use of the Software on equipment that does not meet the published technical requirements or from unauthorized modification of the Software.
The Service Provider is not responsible for loss of locally stored data resulting from hardware failure, malware, unauthorized access, accidental deletion or lack of backups, except to the extent that such liability cannot legally be excluded or limited.
For Business Customers, and to the maximum extent permitted by law, the Service Provider shall not be liable for indirect or consequential losses, loss of profits, loss of business opportunities, business interruption or loss of anticipated savings arising from the use or inability to use the Service or Software.
For Business Customers, and to the maximum extent permitted by law, the aggregate contractual liability of the Service Provider arising from a claim relating to a paid Software license shall not exceed the amount actually paid for the affected license.
For a Free License, the amount actually paid for the license is zero.
Nothing in these Terms excludes or limits liability or statutory rights that cannot legally be excluded or limited.
Nothing in these Terms excludes or restricts mandatory consumer rights.
§ 13. Intellectual Property
The Software, Service, content, documentation, graphics, trademarks, logos, source code and other materials made available through the Service are protected by applicable intellectual property laws.
The Customer receives only the rights expressly granted by the applicable License Agreement.
No transfer of ownership or intellectual property rights takes place unless expressly stated otherwise.
Unauthorized copying, distribution, modification or other use of the Software may constitute an infringement of the Licensor's intellectual property rights.
§ 14. Personal Data and Privacy
The Service Provider processes personal data in accordance with applicable data protection laws, including the GDPR where applicable.
Detailed information concerning the processing of personal data is provided in the Privacy Policy available at: https://www.pulsemonitor.net/en/privacy
The Privacy Policy provides information concerning, in particular:
- the identity and contact details of the data controller;
- categories of personal data;
- purposes and legal bases of processing;
- recipients or categories of recipients;
- retention periods; and
- data subject rights.
Personal data relating to training participants entered into the locally installed Software is not ordinarily transmitted to the Service Provider as part of normal Software operation.
The Customer remains responsible for the lawful processing of participant data stored locally through the Software.
The Customer should not transmit participant health-related or other sensitive information to the Service Provider unless necessary for support and legally permissible.
§ 15. Termination of Electronic Services
An agreement for the provision of an Electronic Service of an indefinite duration, including an Account service, may be terminated by the User by contacting: support@pulsemonitor.net
The Service Provider may suspend or terminate an Electronic Service where permitted by law, in particular in the event of a material breach of these Terms, unlawful use, security risks or discontinuation of a particular Electronic Service.
Termination of an Account does not automatically terminate a valid Perpetual License or other valid Software license unless the applicable License Agreement or mandatory law provides otherwise.
Any termination shall be carried out subject to mandatory statutory rights.
§ 16. Changes to the Terms
The Service Provider may amend these Terms for important reasons, including:
- changes in applicable law;
- changes to the Service;
- introduction or discontinuation of Electronic Services;
- security or technical requirements;
- changes to payment methods; or
- organizational changes affecting the Service.
Changes shall not retroactively remove or reduce rights already acquired by a Customer under an existing agreement, except where such modification is permitted or required by applicable law.
In particular, the introduction of the Major Version licensing model does not retroactively modify the rights attached to Perpetual Licenses acquired under earlier terms.
Where required by law, Users shall be informed of material amendments sufficiently in advance.
If applicable law gives a User a right to terminate an agreement as a result of a material change, the User may exercise that right in accordance with applicable law.
§ 17. Governing Law and Jurisdiction
These Terms are governed by the laws of Poland, subject to mandatory provisions of law that cannot be excluded by agreement.
Where the Customer is a Consumer, the choice of Polish law shall not deprive the Consumer of protection granted by mandatory provisions of the law that would otherwise apply to the Consumer under applicable conflict-of-law rules.
For Business Customers, and where legally permissible, disputes arising from these Terms shall be subject to the jurisdiction of the competent courts in Poland.
Nothing in this section limits a Consumer's right to bring proceedings before a court having jurisdiction under mandatory applicable law.
§ 18. Final Provisions
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in force to the maximum extent permitted by law.
Failure by the Service Provider to exercise a right under these Terms shall not constitute a waiver of that right.
These Terms, together with the applicable License Agreement, Privacy Policy and Order, form the contractual framework governing the use and purchase of the Software through the Service.
In the event of a conflict:
- mandatory applicable law shall prevail;
- the applicable License Agreement shall govern rights concerning the use of the Software;
- these Terms shall govern the operation of the Service, Account and purchase process; and
- the Privacy Policy shall govern the processing of personal data.
The English version of these Terms is the original version. Translations may be provided for convenience. Where mandatory law requires a particular local language, that requirement shall prevail.
These Terms enter into force on the Effective Date stated above.
Radeal sp. z o.o.
ul. Fiołkowa 25
32-091 Michałowice
Poland
NIP: PL9452171733
REGON: 122756670
KRS: 0000449093
Email: support@pulsemonitor.net
Website: https://www.pulsemonitor.net