User Policy

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1.     Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the MTN Uganda’s digital platforms Principles, and is our terms of service that governs our relationship with users and others who interact with the Pulse Website & App, its functionalities, MTN products and services, which we call the  “Services”. By using or accessing the Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how Pulse works.

Because Pulse provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

2.     Sharing Your Content and Information

You own all of the content and information you post on Pulse, and you can control how it is shared through your privacy and application settings. In addition:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, nationwide license to use any IP content that you post on or in connection with Pulse (IP License). This IP License ends when you delete your IP content or your account unless you’re content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Pulse, to access and use that information, and to associate it with you (i.e., your name and profile picture).

We always appreciate your feedback or other suggestions about Pulse, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

3.      Safety

We do our best to keep Pulse safe, but we cannot guarantee it. We need your help to keep Pulse safe, which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) on Pulse.
  2. You will not collect users’ content or information, or otherwise access Pulse, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Pulse.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not use Pulse to do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not do anything that could disable, overburden, or impair the proper working or appearance of Pulse, such as a denial of service attack or interference with page rendering or other Pulse functionality.
  10. You will not facilitate or encourage any violations of this Statement or our policies.

4.     Registration and Account Security

Pulse users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on Pulse, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use Pulse if you are under 13.
  5. You will not use Pulse if you are a convicted sex offender.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.
  8. You will not transfer your account to anyone without first getting our written permission.

5.     Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

You will not post content or take any action on Pulse that infringes or violates someone else’s rights or otherwise violates the law.

We can remove any content or information you post on Pulse if we believe that it violates this Statement or our policies.

If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission.

If you collect information from users, you will: obtain their consent, make it clear you (and not Pulse) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You will not post anyone’s identification documents or sensitive financial information on Pulse.

6.     Mobile and Other Devices

We currently provide all pulse Services free of charge on the MTN Uganda Network.

In the event you change or deactivate your mobile telephone number, you will update your account information on Pulse within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

7.      Amendments

We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.

If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.

Your continued use of the Pulse Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

8.      Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Pulse to you. We will notify you by email, or/and SMS or at the next time you attempt to access your account.

You may delete your account or disable your application at any time. In all such cases, this Statement shall terminate.

9.      Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Pulse in the courts of law of the Republic of Uganda, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Republic of Uganda will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on Pulse, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Pulse and are not responsible for the content or information users transmit or share on Pulse. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Pulse. We are not responsible for the conduct, whether online or offline, of any user of Pulse.

WE TRY TO KEEP PULSE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PULSE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PULSE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT PULSE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. PULSE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IN SUCH CASES, PULSE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Definitions

  1. By “Pulse” or” Pulse Services” we mean the features and services we make available, including through (a) our website at https://pulse.mtn.co.ug and any other Pulse branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions).
  2. MTN Uganda reserves the right to designate, in its sole discretion, that certain of our pulse services and products are governed by separate terms and not this SRR.
  3. By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Pulse or provide data to us.
  4. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Pulse.
  5. By “content” we mean anything you or other users post, provide or share using Pulse Services.
  6. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Pulse or provide to Pulse through Platform.
  7. By “post” we mean post on Pulse or otherwise make available by using Pulse.
  8. By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  9. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
  10. By “Trademarks” we mean the list of trademarks provided here.

11. Other

  1. This Statement makes up the entire agreement between the parties regarding Pulse, and supersedes any prior agreements.
  2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of this Statement, it will not be considered a waiver.
  4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  6. Nothing in this Statement shall prevent us from complying with the law.
  7. This Statement does not confer any third party beneficiary rights.
  8. We reserve all rights not expressly granted to you.
  9. You will comply with all applicable laws when using or accessing Pulse.
  10. By using or accessing Pulse Services, you agree that we can collect and use such content and information as amended from time to time.