1. Publisher, contact and acceptance
PulseArea is a digital service operated independently from Switzerland by:
Didier BonardoRoute de Giez 31
1422 Grandson
Swiss
General contact: contact@pulse-area.com
Support and subscriptions: support@pulse-area.com
These terms and conditions apply to all visits to the website, account creation, use of free or Premium features, and subscriptions. Use of the service implies acceptance of these terms and conditions to the extent permitted by applicable law. For paid orders, the version of these terms and conditions accessible before payment forms part of the contract.
Individuals using PulseArea on behalf of an organization declare that they have the necessary authority to bind that organization.
2. Nature and purpose of the service
PulseArea helps assess the activity and apparent conditions of spots, particularly for wingfoiling, kitesurfing, windsurfing, and paddleboarding. The service can display scores, trends, classifications, estimates, alerts, and reconstructed schematic views.
This information is for guidance only. It does not constitute a certified measurement, a guarantee of seaworthiness, a professional recommendation, or authorization to participate. The user remains solely responsible for their travel, equipment, skill level, health, weather forecasts, local regulations, prohibitions, necessary insurance, and their final decision to participate.
PulseArea may be offered in pilot, beta, or development versions. Some features may be experimental, incomplete, or subject to change during use.
3. Third-party sources, artificial intelligence, and accuracy
Results depend on third-party sources and factors beyond the control of PulseArea: camera or site availability, viewing angle, light, weather, sharpness, obstruction, update frequency, frozen image, delay, transmission error, or technical change at the provider.
Analyses can be performed automatically, notably using rules, statistical models, or artificial intelligence. They may contain false positives, omissions, misclassifications, or time lags. A silhouette, equipment, sport, number of participants, or water conditions can be misinterpreted.
The source image is not necessarily republished in the public interface. A schematic or reconstructed view is not an exact reproduction of the actual scene. PulseArea does not guarantee the accuracy, completeness, timeliness, or permanent availability of any result.
4. Availability, maintenance and evolution
No minimum service level, recovery time, minimum number of spots, fixed update frequency or continuous availability is guaranteed, except by separate written agreement.
PulseArea may perform scheduled or urgent maintenance, modify a source, disable an area, correct a result, impose usage limits, or temporarily interrupt functionality. When reasonably possible, major interruptions will be announced.
The service may change, including the addition, modification, or removal of features, sports, scores, presentations, providers, pricing plans, or geographic areas. Any substantial change that negatively impacts an existing subscription will be announced appropriately before it takes effect.
5. Accounts, credentials and security
The user must provide accurate and up-to-date information, protect their login credentials, use a strong password, and report any suspicious access immediately. The account is personal, non-transferable, and may not be shared, rented, resold, or made available to third parties.
The user is responsible for all actions performed from their account until unauthorized access is reported, except for liability of PA_BLOCK_21__ as provided by law. PA_BLOCK_22__ may require a password reset, invalidate a session, or take other protective measures when a security risk is detected.
It is forbidden to create an account under a false identity, to circumvent a limitation, to artificially multiply accounts or to use the service in a way that could compromise one's own security or that of other users.
6. Ordering, verification and conclusion of the contract
Before payment, the customer can review the chosen plan, price, frequency, automatic renewal, and main included features. The payment interface allows the customer to verify and correct the entered information before validation.
The final click on the confirmation button in Stripe constitutes submission of the order and, subject to payment acceptance, the conclusion of the subscription agreement. After validation, an electronic confirmation is sent to the email address provided by the customer via Stripe and/or PulseArea. The customer must retain this confirmation.
Premium access can be activated immediately after technical confirmation of payment. In case of webhook delays, incidents (PA_BLOCK_53), or fraud checks, activation may be postponed. The customer can contact PA_BLOCK_24 with their proof of payment.
7. Subscriptions, pricing, renewal and payment
The applicable prices, expressed in Swiss francs where indicated, the subscription period, and the included features are displayed before ordering. Unless otherwise stated, subscriptions are paid in advance and automatically renewed monthly or annually until cancelled.
Payments are processed by PA_BLOCK_54. PA_BLOCK_25 does not receive or store full credit card numbers. PA_BLOCK_55 may apply its own terms, anti-fraud measures, and authentication methods.
A price change applies only to a future period. The customer is notified before it takes effect and can cancel before the next renewal. Any applicable taxes or duties are handled in accordance with applicable law.
In the event of a failed payment, PulseArea or Stripe may attempt further payment, request an update to the payment method, limit Premium access, or suspend the subscription. Amounts due up to the effective date of cancellation remain payable.
8. Cancellation, right of withdrawal and refunds
The subscription can be cancelled at any time through the dedicated management area or by sending a request to the contact address. Cancellation will end automatic renewal. Unless otherwise specified, Premium access remains active until the end of the currently paid period.
Swiss law does not provide a general right of withdrawal for all online purchases. A refund is granted when required by mandatory regulations, in the event of a confirmed double charge, an error attributable to PulseArea, or when exceptionally accepted after review.
Except in cases of legal obligation, fraud, manifest error, or express agreement, a partial payment period is not refundable on a pro-rata basis. An abusive payment dispute may result in account suspension, without preventing the user from asserting their rights in good faith with PulseArea or their payment provider.
9. Account Suspension, Restriction and Closure
PulseArea may limit, suspend or close an account in the event of fraud, non-payment, security breach, automated extraction, access sharing, misuse, violation of these terms, infringement of third-party rights or serious risk to the service.
When the situation allows, the user receives a warning and a reasonable timeframe to correct the problem. However, immediate action may be taken in cases of emergency, security risk, clearly illegal activity, or the need to protect users, sources, or infrastructure.
Users can contest a suspension by contacting us. Account closure due to serious user misconduct does not automatically entitle the user to a refund, subject to mandatory legal provisions.
10. Termination, reduction or transfer of activity PulseArea
PulseArea may decide to reduce, suspend, sell, transfer or permanently cease all or part of its business, in particular for economic, technical, legal, personal, source availability or security reasons.
In the event of a planned cessation, PulseArea will endeavor, to the extent reasonably possible, to:
- inform the users concerned before the closure;
- disable new renewals or orders early enough;
- temporarily maintain a contact channel for ongoing requests;
- refund or compensate pro rata for the unused portion of a paid period when the Premium service becomes permanently unavailable before its expiry for a reason not attributable to the customer;
- allow, where technically reasonable, the export of main personal preferences before deletion;
- delete or anonymize personal data that no longer needs to be kept, subject to legal, accounting, tax, security or evidentiary obligations.
In the event of a transfer of the business to a third party, users will be notified when required by applicable law. Data will only be transferred lawfully and with appropriate safeguards. If the transfer results in a significant change to the terms and conditions, the user may terminate the agreement before it takes effect.
Clauses relating to intellectual property rights, payments already due, liability, evidence, applicable law and obligations which, by their nature, must survive, remain applicable after the closure of the service or account.
11. Intellectual property, know-how and license to use
To the extent that they are protectable, the name PulseArea, the logo, the visual identity, the site architecture, the interfaces, the texts, the graphics, the icons, the reconstructed scenes, the classifications, the scores, the selection and organization of the data, the documentation, the databases created, the software, the source code, the executable code, the presentation methods, the configurations, the prompts and the know-how are the property of the operator or their respective owners.
No ownership rights are transferred. Access to the service grants only a personal, revocable, limited, non-exclusive, non-assignable and non-transferable license to use PulseArea in accordance with its intended purpose and these terms.
The protection covers protectable works and elements; it does not seek to monopolize ideas, principles, or concepts that cannot be protected by law. The rights of third parties and the exceptions expressly provided for by law remain reserved.
Trademarks, content, links, images, and data from third parties remain the property and responsibility of their respective owners. Their presence does not grant any right of reproduction or exploitation.
12. Prohibited Uses
Unless prior written authorization is obtained or a mandatory law prevents the following:
- copy, reproduce, adapt, translate or substantially imitate the appearance, structure or contents of PulseArea;
- systematically extract, aspirate, index or collect data using robots, scripts, scraping, crawling or similar processes;
- reuse the results to create, train, improve or power a competing service, database, artificial intelligence model or commercial offering;
- republish, resell, sublicense, rent, distribute or make available the data, scores, analyses or Premium access;
- reverse engineer, decompile, disassemble, or attempt to access code, secrets, keys, internal systems, or protections;
- bypass access controls, quotas, technical limitations, paywalls, anti-fraud measures or security mechanisms;
- remove or hide any mentions of ownership, origin or reserved rights;
- use PulseArea in an unlawful, deceptive, harmful, abusive or service-disrupting manner.
A violation may result in technical blocking, account suspension, a request for cessation, deletion or compensation and, where justified, any other action provided for by applicable law.
13. Protection of personal data
The data controller is the operator indicated in section 1. PulseArea only processes data necessary for operation, security, support, and subscriptions, including:
- email address, user ID and account data;
- subscription status, identifiers Stripe and technical payment history, without full card number;
- language preferences, favorites, alerts and personal settings;
- technical logs, IP address, browser information, security events, and evidence of consent or acceptance;
- messages sent to support and information necessary to process a request.
This data is processed to provide the service, authenticate the user, manage payments, secure the infrastructure, prevent fraud, respond to requests, comply with legal obligations and defend rights.
The main technical service providers may include Supabase for authentication and application data, Stripe for payments and subscriptions, Cloudflare for hosting, distribution and security, as well as the services necessary for sending emails. These providers may process data in Switzerland or abroad depending on their infrastructure and contractual guarantees.
Data is retained for the period necessary to fulfill the purposes described, then deleted or anonymized, subject to accounting, tax, contractual, security, fraud prevention, or evidentiary obligations. Technical logs may be retained for a limited period appropriate to the risk.
Users may request access to, rectification of, or erasure of their data and exercise other rights under applicable law by writing to the contact address. Identity verification may be requested. Certain data must be retained when required by law or for the defense of rights.
The policy must be adapted if new processing activities, analytics tools, advertisements, tracking services, or recipients are added. The language versions of the site must provide equivalent information.
15. Links, third-party content and reporting procedure
PulseArea may contain links to third-party sources of spots, weather services, payment platforms, or other websites. Their availability, security, content, legality, terms, and privacy practices are the responsibility of their operators. A link does not imply partnership, control, or general endorsement.
Anyone who believes that content accessible via PulseArea infringes their rights may send a reasoned request to the contact address, indicating the URL or location in question, the nature of the right invoked, available supporting evidence, and their contact information. PulseArea may temporarily suspend the source or content while the request is being reviewed.
PulseArea reserves the right to correct, hide or delete content that is manifestly erroneous, illegal, inappropriate or infringing of rights, without this implying a general obligation to monitor.
16. Limitation of Liability and Force Majeure
To the extent permitted by applicable law, PulseArea is not liable for damages resulting from a decision made solely on the basis of the service, unnecessary travel, sporting activity, a third-party source, erroneous or late information, a missing alert, an interruption, an incompatibility, a loss of data or unauthorized access that is not attributable to it.
To the extent permitted by law, liability for slight negligence is limited to foreseeable direct damages and, for a paid service, to the amount actually paid by the user to PulseArea during the twelve months preceding the harmful event. This limitation does not apply in cases of willful misconduct, gross negligence, injury to life or body, or where liability cannot be legally excluded or limited.
PulseArea is not liable for indirect damages, loss of opportunity, loss of business, loss of revenue, loss of profits or consequential damages to the extent that their exclusion is permitted.
PulseArea is not responsible for any delay or failure to perform caused by an event reasonably beyond its control, including supplier failure, Internet outage, cyberattack, natural disaster, fire, conflict, administrative decision, legal change, unavailability of a source or widespread infrastructure incident.
17. Modification of conditions, severability and applicable law
PulseArea may modify these terms to reflect changes in the service, the law, security, suppliers, or the business model. Significant changes affecting an existing subscription will be announced before they take effect. If the user does not agree to a substantial change, they may cancel before the next renewal.
If any provision is invalid or unenforceable, it shall be interpreted or replaced to the extent necessary without affecting the other provisions. Failure to exercise a right immediately shall not constitute a waiver.
Swiss law applies, subject to mandatory consumer protection rules. The competent courts are determined by applicable law; no clause deprives a consumer of a mandatory forum.
For any contractual questions, technical assistance, data-related requests, complaints or reports: support@pulse-area.com .