WinPulse Media Terms of Service
1. Acceptance of these Terms
These Terms of Service ("Terms") govern access to and use of winpulsemedia.com (the "Site") and the WinPulse Media publishing platform (the "Platform"), both operated by WinPulse Media LLC ("WinPulse Media", "we", "us", or "our"). By accessing the Site or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Site or Platform.
2. Description of the Service
The Platform is proprietary, internal software used exclusively by WinPulse Media personnel to create, schedule, publish, and measure original content on social media accounts owned and operated by WinPulse Media LLC, using the official APIs of the relevant platforms (including the TikTok Content Posting API, Meta Graph API, and YouTube Data API). The Platform is not offered for sale, license, or use to the public. No public registration, account creation, or subscription is available.
3. Eligibility and Authorized Use
Use of the Platform is limited to WinPulse Media personnel authorized in writing. Authorized users must:
- use the Platform only to manage social media accounts owned and operated by WinPulse Media LLC;
- comply with the terms, developer policies, and community guidelines of each connected platform, including the TikTok Terms of Service and TikTok Developer Terms, the Meta Platform Terms, and the YouTube Terms of Service;
- keep access credentials confidential and not share them with any third party; and
- refrain from using the Platform for any unlawful purpose or in any manner that could damage, disable, or impair any connected platform's services.
4. Content and Intellectual Property
All content published through the Platform is original content produced by, or licensed to, WinPulse Media LLC. We are solely responsible for the content we publish to our own accounts. The Site, the Platform, and all associated software, trademarks, logos, and content are the property of WinPulse Media LLC or its licensors and are protected by applicable intellectual-property laws. Nothing in these Terms grants any right, title, or interest in the Platform or such materials to any other party.
5. Third-Party Platforms
The Platform interoperates with third-party social media services through their official APIs. Those services are governed by their own terms and policies, which we comply with and which may also apply to interactions with our published content on those services. We are not responsible for the availability, functionality, or policies of any third-party service.
6. Privacy
Our handling of information is described in the WinPulse Media Privacy Policy, which is incorporated into these Terms by reference.
7. Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINPULSE MEDIA LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
9. Indemnification
Any authorized user of the Platform agrees to indemnify and hold harmless WinPulse Media LLC from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from that user's violation of these Terms or misuse of the Platform.
10. Termination
We may suspend or terminate access to the Site or Platform at any time, with or without notice, for any reason, including violation of these Terms. Sections 4, 7, 8, 9, 11, and 12 survive any termination.
11. Governing Law
These Terms are governed by the laws of the state in which WinPulse Media LLC is organized, without regard to conflict-of-law principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts of that state, and the parties consent to personal jurisdiction in those courts.
12. Changes to these Terms; Severability; Entire Agreement
We may revise these Terms at any time by posting an updated version on this page with a new effective date; continued use after changes constitutes acceptance. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. These Terms constitute the entire agreement regarding the Site and Platform and supersede all prior understandings on that subject.
13. Contact
WinPulse Media LLC
Questions about these Terms: contact@winpulsemedia.com