Welcome to MyActivePulse Terms of Use!

We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. MyActivePulse offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

​We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at 

1. Introduction

1.1. Our Purpose

Our services offer our users the ability to easily create beautiful and highly functional online presence, to manage and promote businesses, content and ideas, and have an overall great experience doing so – without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps and other online and mobile online and mobile applications, tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”).

 1.2. Legal Agreement

These MyActivePulse.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the1stchoicesignz.com website(s) (“MyActivePulse Website”, and collectively – the “MyActivePulse Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the MyActivePulse Website, theMyActivePulse mobile application (the “MyActivePulse App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the MyActivePulse Website or the MyActivePulse App, collectively – the “MyActivePulse Services” or “Services”).

TheMyActivePulse Terms constitute a binding and enforceable legal contract between MyActivePulse.com  and its affiliated companies and subsidiaries worldwide (“MyActivePulse”, “us” or “we”) and you in relation to the use of any MyActivePulse Services – so please read them carefully.

You may visit and/or use the MyActivePulse Services and/or the MyActivePulse App only if you fully agree to the MyActivePulse Terms – and by using and/or registering to any of the MyActivePulse Services, you signify and affirm your informed consent to these Terms of Use and any other MyActivePulse Terms applicable to your use of any MyActivePulse Services. If you do not read, fully understand and agree to the 1stchoicesignz Terms, you must immediately leave theMyActivePulseWebsite and avoid or discontinue all use of the 1st Choice Signz Services.

​By using our Services, you acknowledge that you have read our Privacy Policy available at https://www.MyActivePulse.com/privacy-policy (“Privacy Policy”).

1.3. User Account

In order to access and use certain sections and features of the MyActivePulse Services, you must first register and create an account with MyActivePulse (“User Account”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the MyActivePulse Services, make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the MyActivePulse Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

​1.MyActivePulse will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant MyActivePulse Service, as the person or entity who has access to the e-mail address then listed in 1st Choice Signz records for such User Account under which such User Platform or User Content was created.

1. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, MyActivePulse will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or onMyActivePulse database, MyActivePulse will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, MyActivePulse will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, MyActivePulse shall consider the person registered as the owner of the domain connected to the Wix Account as the owner of the User Platform.
2. Notwithstanding the forgoing, MyActivePulse shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event MyActivePulse deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by MyActivePulse.  

To use certain areas  of our services, you need to create a user account.

You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.

All activities that occur under your user account or website are your responsibility.

The account information you provide us must be your own (or your company’s), and be accurate and complete.

When a user account is disputed, we may determine the ownership of such user account. 

2. Your Obligations

2.1. You represent and warrant that:

1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the MyActivePulse Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the MyActivePulse Terms;
2. you are not a resident of (or will use the MyActivePulse Services in) a country that the U.S. government has embargoed for use of the MyActivePulse Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
4. you understand that MyActivePulse does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;And specifically regarding your User Content:
5. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by MyActivePulse Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
6. you have (and will maintain) the full power, title, licenses, consents and authority to allow MyActivePulse Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
7. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for MyActivePulse and/or your End Users to access, import, copy, upload, use or possess in connection with the MyActivePulse Services;
8. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

In order to use our services, there are certain obligations and conditions you need to meet.

Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.

In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable MyActivePulse or your end users to do with it) is legal.

2.2. You undertake and agree to:

1. fully comply with all applicable laws and any other contractual terms which govern your use of the MyActivePulse Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
2. be solely responsible and liable with respect to any of the uses of theMyActivePulse Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the MyActivePulse Services);
3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
4. receive from time to time promotional messages and materials from MyActivePulse or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
5. allow MyActivePulse to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of  MyActivePulse marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against MyActivePulse or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
6. MyActivePulse sole discretion as to the means, manner, and method for performing the MyActivePulse Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
7. MyActivePulse shall have the right to offer the MyActivePulse in alternative price plans and impose different restrictions as for the upload, storage, download and use of the MyActivePulse Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.