MetaPulse Affiliate Program Terms


MetaPulse Inc operates an Affiliate Program which may give You the opportunity to earn commission from the work You do to sell the MetaPulse System to Prospects as well as the work You do to keep Sales engaged, using and expanding their use of the MetaPulse System. MetaPulse reserves the sole and exclusive right to determine how much commission is earned by each Affiliate for their efforts as detailed within this agreement.


All references to “MetaPulse” herein means and refers to MetaPulse Inc, the organization that sells the MetaPulse System worldwide, and its employees, and assigns. All references to “Affiliate”, “You” and “Your” mean and refer to the independent individual, group, or organization who has executed this Agreement by successfully completing the Application Process and been approved by MetaPulse to act as an Affiliate. MetaPulse and You are each referred to herein as a “Party,” and collectively as the “Parties.”



1. Definitions and Interpretation

This Agreement contains the following defined terms and interpretations:

1.1. Definitions

In these Terms of Use:

means You, an independent individual, group, or organization that has been accepted into the Affiliate Program by MetaPulse and completes Sales.
Affiliate ID
means an identification code that is provided to each approved Affiliate to be used within their Affiliate URL in order to register Sales.
Affiliate Program
means the program defined within this agreement.
Affiliate URL
means a specific URL provided by MetaPulse that contains your unique Affiliate ID that you can have Prospects follow in order to register a Sale.
means this MetaPulse Affiliate Agreement, as amended from time to time by MetaPulse.
Business Day
means Mondays to Fridays, excluding public holidays in the Party’s country.
means an individual, group, or organization that pays MetaPulse a fee to use the MetaPulse System.
means 30% of the Total Monthly Subscription Income during the Term, in United States Dollars, payable by the MetaPulse to the Affiliate.
Additional Services
means any service provided by the Affiliate to Prospects or Sold Accounts.
means any third party who owns or provides any software or platform that contains similar functionality provided by the MetaPulse System.
Freemium User
means an individual, group, or organization that uses the MetaPulse System through a no charge access account provided by MetaPulse.
Intellectual Property
means all and any current and future registered and unregistered intellectual and industrial property rights including rights in respect of including rights in respect of or in connection with copyright, circuit layouts, designs, trademarks, know-how, Moral Rights, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation and any right to apply for the registration of such rights and all renewals and extensions. For clarity this includes both the registered and unregistered the trademarks and service marks of MetaPulse including but not exclusively “MetaPulse®”, “TRUE TEAM”, “Growth League” and “Team Chart Centric”.
MetaPulse System
means the Software as a Service system found at using the MetaPulse® registered mark.
Paid Account
means a Client who has paid for access and due to that payment has access to the MetaPulse system. For clarity, this does not include Freemium Users that have paid for one off services.
means the financial service provided at
means a prospective customer of MetaPulse who is not currently paying for the MetaPulse system and has not previously had a Paid Account within the prior 24 months.
means a Sale who due to their continued use of the MetaPulse System is required to, and so pays for, another subscription period.
means a Prospect that signs up and completes a payment for the MetaPulse System as a direct result of the sales and marketing efforts of the Affiliate. This is usually via the Prospect clicking the Affiliate URL whith then creates a MetaPulse account and registers a “Sale,” and each such account is a “Sold Account.”
Sold Account
means a Paid Account who has completed a Sale.
Subscription Income
is the subscription fee paid for a subscription to by the Client in United States Dollars. This is usually paid by the client annually in advance. MetaPulse reserves the right to, at any time in its discretion, make changes or variations to the prices at which will directly impact any ongoing Commissions.
means the period of time starting from when the Affiliate is accepted into the Affiliate Program and ending on termination of this Agreement.
Total Monthly Subscription Income
means the total sum of all Subscription Income generated by Sales and Renewals who have been attributed to the Affiliate within a calendar month.

2. Interpretation

In these Terms of Use:

  1. (a) Headings and underlinings are for convenience only and do not affect the construction of these Terms.
  2. (b) A provision of these Terms will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
  3. (c) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms.
  4. (d) A reference to an entity includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
  5. (e) The words “includes”, “including” and similar expressions are not words of limitation.

3. Independent Contractor

You are an independent contractor of MetaPulse. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between MetaPulse and You by virtue of this Affiliate Agreement.

The parties are not partners or joint venturers nor is the Affiliate an employee of MetaPulse. The Affiliate shall be solely responsible for payment of all wages, salaries, retirement funds, payroll taxes (or equivalents in any jurisdiction) and payments to be made in respect of its employees, if any, and hereby indemnifies the MetaPulse against any and all claims or losses the MetaPulse may suffer in respect of such matters.

4. Application to the Affiliate Program

Should You wish to apply to join the Affiliate Program, and should MetaPulse accept Your application to join the program, then these terms and conditions will apply to your participation in this program in addition to our standard Terms and Conditions found at which will also apply to You unless expressly provided for in this document.

To apply, You agree to provide all information requested by MetaPulse during Your Affiliate Program application and at any time MetaPulse request further information during Your participation in the Affiliate Program.

You affirm that the information You provide to MetaPulse at any time relating to your participation in the Affiliate Program is truthful, accurate and complete and does not have any material omission. You understand and agree that MetaPulse retains sole and exclusive discretion to determine if You qualify to participate in the Affiliate Program both initially and ongoing. You also understand and agree that not all applications to the Affiliate Program are successful.

You agree to notify MetaPulse in writing via an email to should any information relating to your initial application to the Affiliate Program change within forty-eight (48) hours of such change. You affirm that this information provided is truthful, accurate and complete and does not have any material omission.

5. Earning Commissions

Should your application to join the Affiliate Program be approved by MetaPulse, you will be provided with a unique Affiliate Identifier to be used in your Affiliate URL with which you will use to advertise MetaPulse. You have the opportunity to earn a commission for each Sale that is registered through your Affiliate ID.

Each time a Prospect clicks an Affiliate URL, a cookie containing the Affiliate ID is stored in their browser. If that Prospect then becomes a Paid Account, then the Sale is attributed to the Affiliate matching the Affiliate ID. If there are multiple Affiliate cookies stored in the Prospect’s browser, then only the most recent cookie set will be used to determine which Affiliate has the Sale attributed to. Once a Sale has been attributed to an Affiliate, then that Sale will not be attributed to any other Affiliate for a period of twelve (12) months. MetaPulse has exclusive authority and sole discretion to not pay any commission due to any action that causes multiple commissions to be registered.

Once your first Sold Account Commission is earned, and before you receive your second Commission, you will need to send MetaPulse a completed W9 form (for US-based affiliates) or a Form W8-BEN or Form W8-BEN-E (for Affiliates based outside of the USA), these forms are linked in our help website US Legal Requirements for Affiliates. You will also need to supply any other supporting documentation or information required by MetaPulse to pay you. You will be deemed to have permanently waived and forfeited all rights to Commissions that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of the United States, MetaPulse may withhold tax (including without limitation VAT or GST) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).

Affiliates will not be paid any Commissions for payments made on the Affiliate’s own account(s). Affiliates are not permitted to open a MetaPulse account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales. Furthermore, You are not permitted to have more than one (1) MetaPulse Affiliate account (including all such business entities of Yours, subsidiaries, or other affiliated businesses of Yours). If You are found to have more than one (1) MetaPulse Affiliate account, Your accounts will be terminated and all Commissions pending payout and all future payments will be immediately forfeited by You to MetaPulse.

6. Payment

Commissions are paid only for transactions that actually occur between MetaPulse and a Sale. If the transaction does not actually occur, or if payment from a Sale is not actually received by MetaPulse, You will not be paid a Commission on the transaction. If payment for a Sold Account later results in a refund or charge-back, and if a commission was paid to You for that Sold Account payment, then the commission will be deducted from Your future commissions.

If MetaPulse determines, in its sole discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale. If any Commissions or Bonuses are paid for a Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by MetaPulse after payment, such payment amounts shall be deducted from Your future commissions and bonuses.

All commissions are paid in US Dollars on the 1st of each month after 45 days after each Sale. If the 1st of the month is a non business day, the payment will be made on the next business day. All payments are made via Paypal, if You don’t have a paypal account, visit to create an account. You must use Paypal to receive your first Commission. You may apply to have subsequent Commission payments after the first to be made via a bank transfer for a fee of $50 USD per payment made in addition to any bank charges incurred which will be deducted from the payment being made. Eligibility for an Affiliate to receive payments via bank transfer shall be made at the sole discretion of MetaPulse.

7. Missing Commissions

Should you have evidence that a Sale has occurred without it being attributed to your Affiliate ID, you may contact MetaPulse within 90 days of the Sale occurring via and provide the relevant evidence including (a) Client's Name, (b) Client's Email, (c) the approximate time they signed up to MetaPulse and (d) what activity You performed that entitles you to the attribution of the Sale. MetaPulse will investigate the issue to its sole satisfaction including contacting the Client if needed, reviewing your evidence and our data. We may ask You to provide further data to support your claim which you must do within 30 days. Should MetaPulse decide Your claim has merit after the investigation is complete, and the Client has not already been attributed to a different Affiliate, then the Sale will be attributed to You and the relevant commission become payable per this Agreement. Claims for Missing Commissions made after 90 days of the Sale occurring will not be considered.

8. Taxes

You are responsible for any and all tax liabilities, including without limitation income tax, sales tax, corporate tax and all other liabilities that arise from or in any way relate to any money You receive from MetaPulse. Where MetaPulse is required to withhold tax, MetaPulse will document such withholding.

9. Affiliate Additional Services

We encourage Affiliates to create and deliver Additional Services to their Sales to encourage those Paid Accounts to continue using and expand their use of MetaPulse which can then result in increased ongoing Commissions for our Affiliates.

Should you choose to provide Additional Services to Prospects or your Sold Accounts, You expressly indemnify MetaPulse of any claims that may arise from these services. You also agree to not promote or imply that MetaPulse approves or authorizes your Additional Services in any way. You are solely responsible for any legal, trademark, royalty, contractor or other requirements arising from the delivery of your Additional Services. You also expressly understand that MetaPulse does not provide any consulting services itself and only provides information to Prospects and Clients and Affiliates as to how to use the MetaPulse System and assistance in importing Client supplied data into MetaPulse.

10. No Warranties and No Leads

MetaPulse wants to be upfront about expectations: we do not guarantee or promise any specific level of business success, income, or sales. Please note that MetaPulse will not provide sales leads or referrals. You are solely responsible for generating your own leads to earn sales.

Additionally, this program is not a business opportunity, franchise, "business-in-a-box," or an assisted marketing plan. As an Affiliate, you are responsible for procuring and covering the costs of any materials and resources you decide are necessary to operate.

11. Disclosure

Anywhere that the Affiliate advertises MetaPulse, You must plainly display disclaimer language such as:

Disclosure: I am an independent MetaPulse Affiliate, and not an employee of MetaPulse. I receive referral payments from MetaPulse. The opinions expressed here are my own and are not statements of MetaPulse.

This disclaimer must be plainly visible and so, for example, must not be in a smaller font, low contrast text or a link to the disclaimer.

12. Disparaging Statements

You must not make derogatory, disparaging or any negative statements with regards to MetaPulse or its competition or any other person or entity. You are not permitted to engage in any unlawful or unethical or deceptive actions or strategies with regards to advertising (paid or not). This includes using any method to obtain paid search results based on any Intellectual Property or any of the Intellectual Property of MetaPulse’s competitors or any other third-parties. You must not directly link to or automatically redirect to any MetaPulse website from any paid advertising.

13. Prohibited Activity

MetaPulse has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:

  1. (a) HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to MetaPulse’s reputation; and the violation of the rights of MetaPulse or any third party;
  2. (b) “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to MetaPulse's reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws; and
  3. (c) OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

14. Social Media

If You advertise on social media with regards to this Agreement, then each post must comply with all of the following:

  1. (a) Each post must contain @MetaPulse or #MetaPulse;
  2. (b) Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button;
  3. (c) Each Facebook or Instagram post must use the platform’s “Paid Partnership” tool; and
  4. (d) ​​Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.

If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.

15. Claims

Affiliates are expressly prohibited from making any claims that use of MetaPulse will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using MetaPulse or as an Affiliate, the following guidelines must be adhered to:

  1. (a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and
  2. (b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”

Affiliate is also expressly prohibited from making any express or implied claims that MetaPulse is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.

16. MetaPulse Intellectual Property & Trademarks

No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information including, but not limited to; “MetaPulse”, “Growth League”, “True Team” and “Team Centric” (collectively, the “MetaPulse Intellectual Property”) owned by MetaPulse may be used, copied, or reproduced by You except as set forth below.

No MetaPulse Intellectual Property (or any mark confusingly similar to any MetaPulse’s Intellectual Property) is to be advertised for sale or registered as a domain name by You in any country in any fashion in any language.

Subject to the restrictions in this Agreement, Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use MetaPulse Intellectual Property to advertise MetaPulse. Any time Affiliate uses the word MetaPulse it must be immediately followed by an “®” symbol the first time it appears. An Affiliate may not use “MetaPulse” or other MetaPulse trademarks as part of any URL, domain or website name.

Any time You use MetaPulse Intellectual Property, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for MetaPulse. Whether Your use of MetaPulse is confusing will be determined by MetaPulse in MetaPulse’s sole and absolute discretion. The following guidelines are purely examples, which may be changed or added to at any time, and are designed to help avoid confusion:

  1. (a) You must not use the “voice” of, or purport to speak on behalf of, MetaPulse;
  2. (b) Any time Affiliate uses the word “MetaPulse” it must be immediately followed by “®” the first time it is used
  3. (c) When used in prose MetaPulse must be used in the same font as the rest of the prose;
  4. (d) When used other than in prose, MetaPulse must be used in the font employed by MetaPulse's corporate marketing in MetaPulse's corporate logo;
  5. (e) On any website or social media platform on which You use the word MetaPulse, you must include the disclosure identified in the Disclosure clause above;
  6. (f) You may use only such other images, photographs, and trademarks as MetaPulse expressly authorizes in writing;

If you have any questions regarding your use of any MetaPulse mark, please contact:

17. Release / Authorization

You grant MetaPulse permission to use any and all media properties taken or created of You by MetaPulse or supplied to MetaPulse by You in any Media (including print, internet, film, television and no matter how distributed or published) (hereafter referred to as “Properties”) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of MetaPulse or any product or service sold and marketed by MetaPulse. You agree that this authorization to use these Properties may be assigned by MetaPulse to any other party. You agree that the Properties may be combined with other Properties, sounds, text and graphics, and that the Properties may be manipulated, cropped, altered or modified at MetaPulse's sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against MetaPulse in exchange for this Release and Assignment. You hereby release and forever discharge MetaPulse from any and all liability and from any damages You may suffer as a result of the use of the Properties. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

18. Communications Consent

You expressly agree and consent that MetaPulse may contact you at the email address and phone number provided during Your application to the Affiliate Program. You also expressly agree to inform MetaPulse at any time your email address and phone number have changed. You expressly agree to be contacted through any means MetaPulse deems appropriate including human, automated systems, artificially generated or pre-recorded messages either directly by MetaPulse or its third-party agents on behalf of MetaPulse. Your agreement to be contacted is a material part of this agreement and may not be revoked except by writing by both Parties which You understand and agree is the only reasonable method of opting out. You further agree that any other method of opting-out is not a reasonable means of opting out.

19. Complaint Communication

Affiliate must notify MetaPulse of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to

20. General Compliance

Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws, data protection laws, laws governing testimonials, and all other lawful guidelines issued. You are solely responsible for ensuring Your compliance with all lawsAffiliates are strictly prohibited from making claims concerning the products and services offered by MetaPulse that are inconsistent with, or beyond the scope of marketing materials produced and made available by MetaPulse on MetaPulse’s website,

Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliates shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement.

Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, consulting, setting up and configuring MetaPulse, knowledge templates, team chart templates, information about growing a business, building a team, implementing the business philosophy contained in True Team or any other business philosophy the Affiliate is familiar with for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect.

MetaPulse retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws (but MetaPulse shall not be required to advise Affiliates on such matters).

21. Additional Representations & Warranties

In addition to Your other representations and warranties in this Agreement, You further represent and warrant that you do not have any prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify MetaPulse of the same within 24 hours. MetaPulse, in its sole and exclusive discretion, may immediately terminate this Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.

22. Term and Termination

Your contract with MetaPulse begins when you receive an email notification from MetaPulse of being accepted into the Affiliate Program and will continue month-to-month until:

  1. (a) You earn no (zero) commissions over a twelve (12) month period at which point this Agreement will be terminated automatically without recourse;
  2. (b) Either Party electing to terminate this Agreement, with or without cause, by giving the other Party thirty (30) days’ written notice of termination;
  3. (c) MetaPulse terminates this Agreement at its discretion due to You having a Client dispute rate greater than 2% based on our data;
  4. (d) MetaPulse is unable to contact you through your listed email address within 45 days;
  5. (e) MetaPulse determines that you are in breach of this Agreement due to any Sale has been procured fraudulently or as a result of any violation of this Agreement;
  6. (f) MetaPulse determines that you are in breach of this Agreement due to Your breach of any of the terms of this Agreement;
  7. (g) MetaPulse determines that you are in breach of this Agreement due to You violating any law whether in relation to MetaPulse, this agreement or not.

In the event this Agreement is canceled due to Your Breach of this Agreement, You will forfeit all Commissions owed to You or that may in the future be owed to You.

If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your MetaPulse account. For the avoidance of doubt, commission payments will not survive this Agreement.

23. Assignment

This Agreement and all rights under it may not be assigned or transferred by the Affiliate. MetaPulse may assign this Agreement and any and all rights at its sole discretion.

24. Force Majure

Neither party shall be liable to the other for any failure to perform any obligation under this Agreement which is due to an event beyond the control of such party including, but not limited to, acts of God, war, insurrection, riot, civil unrest, or acts of civil or military authority. Any party affected by such event shall forthwith inform the other party of the same in writing and shall use all reasonable endeavors to comply with the terms of this Agreement. Where such event renders performance impossible for a continuous period of not less than six months, the other party shall be entitled to terminate this Agreement by serving thirty days’ notice in writing to the other party.

25. Notices

Any notices to be served on either of the parties by the other shall be sent by email to the email address of the other party stated in this Agreement or such other address as the other party has notified. Notices given by email shall be deemed to have been validly and effectively given on the day on which it is transmitted if the sender receives a read or delivery receipt confirming delivery or receipt of the email or a reply to the email. Your notices to MetaPulse must be sent to

26. Severance

If any provision of this Agreement is determined to be illegal, invalid, void or voidable the legality or validity of the remainder of this Agreement shall not be affected and shall continue in full force and effect.

27. Severance

This Agreement and MetaPulse’s standard Terms of Service may be modified by MetaPulse at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by MetaPulse. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.

27. Limitation of Liability

Your and Our Liability: Liability under these Terms & Conditions is limited in a few ways:

  1. (a) except for liability under any indemnity contained in these Terms & Conditions, any wilful breach or misconduct or any breach of IPR, each party will not be liable for all or any claims made in excess of the amount of the Service Charges that you pay us in the aggregate;
  2. (b) each party will not have any liability for any matter beyond its reasonable control such as for third party software failures, telecommunications network faults, non-performance or interruptions of third party software, hardware failures, service failures caused by third parties that are outside of a party’s reasonable control, adverse weather events and labor disputes;
  3. (b) except in respect of any wilful breach or misconduct or any breach of IPR, each party will not be liable for loss of profits, loss of revenue (except due to non-payment of any Service Charge or other amount owed by you to us), loss of or unauthorized access to or alteration, deletion of, or failure to store, content or data, or for loss of goodwill, or other indirect or consequential losses even if a party was advised of the possibility or likelihood of those losses;
  4. (b) we will not be liable for software bugs, non-performance or downtime of software, applications or hardware in your applications or as a result of any misconfiguration of MetaPulse by you or any third party or use of MetaPulse contrary to any user guides or other documentation that we provide;
  5. (b) for any breach by us of any mandatory guarantee that cannot be contracted out of or otherwise excluded by law, our liability will be limited to one or more of the following as determined by us: if the liability concerns goods, (i) the replacement of the goods, or the re-supply of the goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and if the liability concerns services: (i) the supplying of the services again; or (ii) the payment of the cost of supplying the services again. All implied warranties of any kind are excluded, except to the extent that such warranties cannot be excluded by applicable law.


29. Dispute Resolution

We would prefer to resolve disputes amicably rather than either party waste time or money on legal action. If you have any problems with our services, please contact us. In our view, legal action, if it is ever necessary, should only be left as a last resort. If a dispute cannot be resolved through negotiation within 120 days it shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof.

30. Entire Agreement

This Agreement constitutes the complete and exclusive understanding and agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if made by MetaPulse and notified to You.