1. Publisher, Contact, and Acceptance
PulseArea is a digital service operated in its own name from Switzerland by:
Didier BonardoRoute de Giez 31
1422 Grandson
Switzerland
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 the 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 activity and apparent conditions at spots, particularly for wingfoiling, kitesurfing, windsurfing, and stand-up paddleboarding. The service may display scores, trends, classifications, estimates, alerts, and reconstructed schematic views.
This information is indicative. 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, the weather forecast consulted, 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 PulseArea's control: camera or site availability, viewing angle, lighting, weather, sharpness, obstructions, update frequency, frozen image, delay, transmission error, or technical changes at the provider.
Analyses may be performed automatically, notably through the use of 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 body condition may 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 continuous 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 unless specifically agreed to in writing.
PulseArea may perform scheduled or emergency maintenance, change a source, disable an area, correct a result, impose usage limits, or temporarily discontinue functionality. Where reasonably possible, significant outages will be announced.
The service may evolve, including the addition, modification, or removal of features, sports, scores, presentations, providers, pricing plans, or geographic areas. Any substantial change that is detrimental to an existing subscription will be announced appropriately before it takes effect.
5. Accounts, Logins, and Security
The user must provide accurate and up-to-date information, protect their login credentials, use a sufficiently 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 PulseArea's liability as provided by law. PulseArea may require a password reset, invalidate a session, or take protective measures when a security risk is detected.
It is prohibited to create an account under a false identity, circumvent a limitation, artificially multiply accounts, or use the service in a way that could compromise one's own security or that of other users.
6. Ordering, Verification, and Contract Conclusion
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 Stripe confirmation button constitutes the submission of the order and, subject to payment acceptance, the conclusion of the subscription contract. After validation, an electronic confirmation is sent to the email address provided by the customer by 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, Stripe incidents, or fraud checks, activation may be postponed. The customer can contact PulseArea with their proof of payment.
7. Subscriptions, Pricing, Renewal, and Payment
The applicable prices, expressed in Swiss francs where indicated, the billing period, and included features are displayed before ordering. Unless otherwise stated, subscriptions are prepaid and automatically renewed monthly or annually until canceled.
Payments are processed by Stripe. PulseArea does not receive or store full credit card numbers. Stripe 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 may 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 to reschedule, request an update to the payment method, limit Premium access, or suspend the subscription. Amounts due up to the effective cancellation date remain payable.
8. Cancellation, Right of Withdrawal, and Refunds
The subscription can be cancelled at any time via the dedicated management area or by sending a request to the contact address. Cancellation ends automatic renewal. Unless otherwise specified, Premium access remains active until the end of the currently paid period.
Swiss law does not provide for a general right of withdrawal for 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 approved after review.
Except in cases of legal obligation, fraud, manifest error, or express agreement, a partial 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 its payment provider.
9. Suspension, Restriction, and Closure of an Account
PulseArea may limit, suspend, or close an account in cases of fraud, non-payment, security breaches, automated data extraction, access sharing, misuse, violation of these terms and conditions, infringement of third-party rights, or serious risk to the service.
When the situation allows, the user will receive a warning and a reasonable timeframe to correct the issue. However, immediate action may be taken in cases of emergency, security risk, manifestly illegal activity, or the need to protect users, resources, or infrastructure.
The user may 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 rights.
10. Termination, Reduction, or Transfer of PulseArea's Business
PulseArea may decide to reduce, suspend, sell, transfer, or permanently cease all or part of its business, particularly for economic, technical, legal, personnel, resource availability, or security reasons.
In the event of a planned cessation, PulseArea will endeavor, to the extent reasonably possible, to:
- inform affected users before closure;
- and disable new renewals or orders sufficiently in advance.
- To temporarily maintain a contact channel for pending requests;
- to refund or compensate pro rata for the unused portion of a paid period when the Premium service becomes permanently unavailable before its expiry date for a reason not attributable to the customer;
- to allow, where technically feasible, the export of key personal preferences before deletion;
- to delete or anonymize personal data that no longer needs to be retained, 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 informed when required by applicable law. Data will only be transferred on a lawful basis 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 that, by their nature, must survive, remain applicable after the closure of the service or account.
11. Intellectual Property, Know-How and License of 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 and conditions.
Protection applies only to protectable works and elements; it does not claim to monopolize ideas, principles, or concepts that cannot be protected by law. Third-party rights and exceptions mandatorily provided 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 legal right prevents it, it is prohibited to:
- copy, reproduce, adapt, translate, or substantially imitate the appearance, structure, or content of PulseArea;
- systematically extract, scrape, 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 the code, secrets, keys, internal systems or protections;
- Circumventing access controls, quotas, technical limitations, paywalls, anti-fraud measures, or security mechanisms;
- removing or obscuring proprietary, origin, or copyright notices;
- using PulseArea in an unlawful, deceptive, harmful, abusive, or service-disrupting manner.
A violation may result in technical blocking, account suspension, a request for termination, 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, Stripe identifiers, and technical payment history (excluding full card numbers);
- 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 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 for the purposes described, then deleted or anonymized, subject to accounting, tax, contractual, security, fraud prevention, or evidentiary obligations. Technical logs may be kept for a limited period appropriate to the risk.
Users may request access to, rectification of, or erasure of their data and exercise other rights provided by 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.
This policy will be updated if new processing activities, analytics tools, advertising, 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 ad sources, weather services, payment platforms, or other third-party sites. 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 through PulseArea infringes their rights may send a reasoned request to the contact address, indicating the URL or ad in question, the nature of the right invoked, available supporting evidence, and their contact information. PulseArea may temporarily suspend the source or content while reviewing the request.
PulseArea reserves the right to correct, hide, or remove content that is clearly erroneous, illegal, inappropriate, or infringing on rights, without this implying a general obligation to monitor it.
16. Limitation of Liability and Force Majeure
To the extent permitted by applicable law, PulseArea shall not be 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 delayed information, a failure to provide a notification, 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 damaging 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, lost opportunities, business interruptions, lost revenue, lost profits, or consequential damages to the extent that their exclusion is permitted.
PulseArea is not liable for any delay or failure to perform caused by an event reasonably beyond its control, including but not limited to supplier failure, internet outage, cyberattack, natural disaster, fire, conflict, administrative decision, change in legislation, unavailability of a source, or widespread infrastructure incident.
17. Changes to Terms, Severability, and Governing 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 a user does not accept a substantial change, they may terminate the subscription before the next renewal date.
If any provision is invalid or unenforceable, it will be interpreted or replaced to the extent necessary without affecting the remaining provisions. Failure to exercise any right immediately will not constitute a waiver of that right.
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 jurisdiction.
For any contractual questions, technical support, data requests, complaints, or reports: support@pulse-area.com..