These terms of service and sale (the "Terms") govern access to and use of the MyPuls software, available at mypuls.app and through its associated applications and interfaces (the "Service"), published by MyPuls, Inc., a Delaware corporation (United States) with its registered office at 2810 North Church Street, Wilmington, Delaware 19802, United States ("MyPuls", "we", "us"). They form a contract between MyPuls and the person or entity that creates an account or uses the Service (the "Customer", "you").
By creating an account, ticking the acceptance box or using the Service, you accept the Terms without reservation. If you accept on behalf of a company or an agency, you represent that you have the authority to bind it.
1. Definitions
"Platform" means any third party content monetisation site or service to which the Service connects, including MYM (Air Medias SAS), OnlyFans, Fansly or any other platform added later.
"Creator" means any person holding an account on a Platform whose activity the Customer manages or assists by means of the Service.
"User" means any natural person to whom the Customer gives access to the Service under its account, including its employees, contractors and messaging operators.
"Customer Data" means all data entered, imported or generated by the Customer and its Users in the Service, and the Platform data displayed or processed in the Service on the Customer's behalf.
"Subscription" means the pricing plan taken out by the Customer, as described on the pricing page in force on the day of subscription.
2. Purpose and description of the Service
MyPuls is fan relationship management software (CRM) for creator management agencies and independent creators. The Service makes it possible, among other things, to centralise inboxes, segment and track fans, run campaigns and paid content sends, analyse revenue, distribute work between Users and, on certain plans, use artificial intelligence features for writing and sending messages, described in article 4A.
The Service accesses Creators' accounts by means of technical interfaces, using the keys or authorisations supplied by the Creator or by the duly authorised Customer. The Service does not host, publish or sell any Creator content and does not process any payment between fans and Creators: those operations are handled exclusively by the Platforms.
MyPuls is not affiliated with any Platform and is neither an agent nor a representative of any Platform, except where a partnership agreement is expressly mentioned on the website. The operation of the Service depends on the availability, rules and interfaces of the Platforms, which MyPuls does not control.
3. Conditions of access
The Service is reserved for professional use. It is prohibited to persons under eighteen and to persons without the legal capacity to contract. The Customer warrants that every Creator whose account is connected to the Service is of legal age and has given express authorisation for that connection, the processing that results from it and, where applicable, the use of the AI Features to interact with their fans in their name. The Customer keeps proof of that authorisation and provides it to MyPuls on first request.
The Customer is responsible for the confidentiality of its credentials, those of its Users and the Platform access keys stored in the Service. Any action taken from its account is deemed to have been taken by it. The Customer informs MyPuls without delay of any unauthorised access.
4. Customer obligations
The Customer uses the Service in compliance with applicable law, these Terms and the terms of use of each Platform. In particular, the Customer shall not use the Service to circumvent the technical or contractual limits of the Platforms, to extract data on a mass scale, to send unsolicited messages in breach of the law, to distribute unlawful content, or for any activity that would infringe the rights of Creators, fans or Platforms.
The Customer is solely responsible for the messages, content, offers and campaigns sent from the Service by its Users, including where they are written or sent by the AI Features under article 4A. Those features do not replace the Customer's editorial and commercial responsibility towards Creators and fans.
The Customer warrants that it holds all rights, authorisations and consents needed over the Customer Data and over the Creator accounts it connects, and that it has entered into an agreement with each Creator authorising it to manage that Creator's account.
4A. Artificial intelligence features
Certain features of the Service, including the messaging assistant Aurel (the "AI Features"), use language models supplied by third party providers to write, suggest and, where the Customer enables it, automatically send messages and offers to fans in the name of Creators.
Activation and control. The AI Features are enabled, configured and disabled by the Customer, account by account. The Customer sets, among other things, the tone, permitted and prohibited topics, prices, content that may be offered and sending limits. The Customer may take over a conversation or stop the feature at any time.
Messages deemed sent by the Customer. Every message, offer or piece of content written or sent by an AI Feature from a Creator's account is deemed sent by the Customer, under its sole responsibility, in the same way as a message written by one of its Users. MyPuls is not the author of those messages and does not review their content before they are sent.
Creator authorisation and fan disclosure. The Customer warrants that each Creator has expressly authorised the use of the AI Features to interact with their fans in their name, and keeps proof of that authorisation. The Customer is solely responsible for complying with Platform rules and with the laws applicable to the use of artificial intelligence in interactions with fans, including any obligation to inform fans that they are interacting with an automated system. Where the Service provides a mechanism for informing fans about the use of artificial intelligence, the Customer keeps it enabled on any account whose fans may be located in the European Union or in any other territory where the law requires such information, and bears sole responsibility for the consequences of disabling it.
Prohibited uses. The Customer shall not configure or use the AI Features to send unlawful content or content involving minors, promise an in-person meeting or a real relationship, make false promises or exert undue pressure on fans, in particular vulnerable people, impersonate anyone other than the Creator who gave authorisation, or circumvent the rules of a Platform. MyPuls may suspend the AI Features on an account without delay in the event of use contrary to this article or at the request of a Platform or an authority.
No warranty. The AI Features rely on probabilistic models. They may produce answers that are inaccurate, inconsistent, inappropriate or not in line with the configuration, offer a wrong price or content, or fail to respond. MyPuls does not guarantee the content of the messages produced, their compliance or any sales result. The Customer monitors the activity of the AI Features and checks their output. MyPuls is not liable for the consequences of the messages sent, including any resulting claims, refunds, chargebacks or Platform sanctions.
Changes and availability. The AI Features depend on third party providers. They may be offered in beta, changed, limited or discontinued at any time, without giving rise to any right to compensation.
5. Subscription, prices and billing
The Service is provided under a monthly Subscription, billed in advance at the start of each period, according to the pricing grid in force on the day of subscription as published on the website. Certain features or extensions may be billed in addition, on a usage basis or as a commission on the sales they generate, as indicated in the Service at the time they are activated. For features billed on commission, the sales taken into account are those recorded by the Service as generated by the feature; the Service's records are authoritative, save for a manifest error reported by the Customer within thirty days of the invoice. The commission remains due on every recorded sale, including where the sale is later refunded, cancelled, charged back or disputed by the fan, whatever the reason. Prices are exclusive of taxes; applicable taxes are added to the invoice according to the Customer's location.
Payment is made by bank card or any other means offered, through our payment provider Stripe. The Customer authorises MyPuls to charge the amount of each period when due. If a payment fails, MyPuls may suspend access to the Service after notice, then terminate the Subscription if the situation is not regularised within ten days.
The Subscription renews automatically for successive monthly periods. The Customer may end it at any time from its account area or by writing to contact@mypuls.app; termination takes effect at the end of the current period. Amounts paid are non-refundable, including in the event of termination during a period or non-use of the Service.
MyPuls may change its prices with thirty days' notice by email. New prices apply from the first period following the end of the notice period; a Customer who refuses them may terminate before that date.
6. Personal data
In the context of the Service, the Customer determines the purposes and means of the processing of the data of Creators, fans and its Users: it acts as the data controller. MyPuls processes that data on the Customer's behalf and on its instructions, as a processor, under the conditions of the data processing agreement set out in the annex, which forms an integral part of the Terms.
MyPuls also processes, as a controller, the data needed to manage the contractual relationship with the Customer (identification, billing, support, security), in accordance with its privacy policy.
Data originating from the Platforms is processed in compliance with the agreements between MyPuls and each Platform. MyPuls does not keep copies of it beyond what is strictly necessary for the operation of the Service, and may be required to modify, restrict or delete certain features or data in order to comply with those agreements or with a Platform's requests, without this giving rise to any right to compensation.
7. Intellectual property
The Service, its code, interfaces, trademarks, documentation and all of its components are the exclusive property of MyPuls or its licensors. The Terms grant the Customer a personal, non-exclusive, non-transferable right of access and use limited to the duration of the Subscription. Any reproduction, decompilation, extraction, resale, provision to third parties or creation of a competing product from the Service is prohibited.
Customer Data remains the property of the Customer or of the individuals concerned. The Customer grants MyPuls the right to host, process and display it solely to the extent necessary to provide the Service. MyPuls may use technical usage data about the Service, aggregated and not allowing a Customer, Creator or fan to be identified, to improve and secure the Service.
Suggestions and feedback that the Customer sends to MyPuls about the Service may be freely used by MyPuls without consideration.
8. Availability and support
MyPuls endeavours to provide the Service continuously and uses reasonable means to ensure its security and availability. The Service may be interrupted for maintenance, updates, incidents, or because a Platform interface is unavailable or has changed. MyPuls makes no commitment to any level of availability and is not liable for interruptions attributable to the Platforms, to networks or to force majeure.
Support is provided by email and through the channels indicated in the Service, on business days and during business hours.
9. Disclaimer of warranties
The Service is provided as is and as available. To the fullest extent permitted by law, MyPuls disclaims all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or uninterrupted and error-free operation.
MyPuls does not guarantee any commercial result or any level of revenue, conversion or growth for the Customer or the Creators. The statistics, estimates and suggestions provided by the Service, including those produced by the AI Features, are decision aids and may contain errors; the Customer verifies them before relying on them.
MyPuls does not guarantee that use of the Service complies with the terms of use of each Platform at all times, since those terms may change. The Customer remains solely responsible for its accounts and those of the Creators with the Platforms, including in the event of a warning, restriction or closure decided by a Platform.
10. Limitation of liability
To the fullest extent permitted by law, MyPuls is not liable for indirect, incidental, special, consequential or punitive damages, nor for loss of revenue, turnover, profits, customers, data or opportunities, nor for the consequences of messages written or sent by the AI Features, nor for the consequences of a suspension, restriction or closure of an account by a Platform, whatever the basis of the claim and even if MyPuls has been informed of the possibility of such damages.
MyPuls's total liability under the Terms, on any basis whatsoever, is limited to the amount actually paid by the Customer to MyPuls during the twelve months preceding the event giving rise to the claim.
These limitations do not apply where applicable law prohibits their exclusion, in particular in the event of wilful misconduct or fraud by MyPuls.
11. Customer warranty and indemnification
The Customer indemnifies MyPuls, its officers, employees and partners against any claim, action, demand, loss, fine, damage and cost, including reasonable attorneys' fees, arising from the use of the Service by the Customer or its Users, from the Customer Data, from messages and content sent from its account, including by the AI Features, from a breach of the Terms or of a Platform's terms, from the absence of a Creator's authorisation, or from any claim by a Creator, a fan, a Platform or an authority in connection with its activity.
MyPuls notifies the Customer of any claim covered by this article and allows the Customer to conduct the defence, provided that the Customer does not settle without MyPuls's written consent where the settlement imposes an obligation or an admission of liability on MyPuls.
12. Suspension and termination
MyPuls may suspend all or part of access to the Service, with notice, in the event of a breach of the Terms, use presenting a risk to the security of the Service, the Platforms or third parties, a request from a Platform or an authority, or non-payment. MyPuls may terminate the Subscription as of right if the breach is not remedied within ten days of notice, or immediately in the event of a serious breach or one that cannot be remedied.
At the end of the Subscription, for whatever reason, access to the Service ceases. The Customer may export its own Customer Data (notes, segments, scripts, settings) for thirty days from the end of the Subscription; after that period, MyPuls deletes the Customer Data, subject to legal retention obligations. Data originating from the Platforms is deleted in accordance with the agreements made with them.
The articles relating to intellectual property, disclaimer of warranties, limitation of liability, indemnification, confidentiality and governing law survive the end of the Terms.
13. Confidentiality
Each party keeps confidential the non-public information of the other party that it learns in the context of the Service, and uses it only to perform the Terms. This obligation lasts for the duration of the Subscription and three years after its end. It does not apply to information that has entered the public domain without fault, that was already known to the receiving party, that was developed independently, or whose disclosure is required by law or by an authority.
14. Changes
MyPuls may amend the Terms to reflect changes in the Service, the law or the agreements with the Platforms. Amendments are notified by email or in the Service at least thirty days before they take effect, except where they are required by law or necessary for security, in which case they take effect immediately. Continued use of the Service after that date constitutes acceptance. A Customer who refuses an amendment may terminate its Subscription before it takes effect.
15. Governing law and jurisdiction
The Terms are governed by the law of the State of Delaware, United States, excluding its conflict of laws rules. Any dispute relating to the Terms or the Service falls within the exclusive jurisdiction of the federal and state courts located in the State of Delaware, and the parties consent to that jurisdiction. The parties attempt to resolve any dispute amicably for thirty days before bringing any legal action.
If the Customer is established in the European Union, the mandatory provisions of the law of its country of establishment that cannot be excluded by contract continue to apply.
16. General provisions
MyPuls may assign or transfer the Terms, in whole or in part, to any company in its group or to any third party in the context of a merger, acquisition, sale of assets or reorganisation, without the Customer's consent, subject to informing the Customer. The Customer may not assign the Terms without MyPuls's written consent.
MyPuls is not liable for a failure caused by an event beyond its reasonable control, including a network or hosting outage, a cyber attack, a decision by a Platform or an authority, or force majeure.
The Terms, the pricing grid, the privacy policy and the data processing annex constitute the entire agreement between the parties and replace any prior agreement. If a provision is held invalid, the others remain applicable. A party's failure to rely on a breach does not constitute a waiver. Notices are validly given by email to the address of the Customer's account and to contact@mypuls.app for MyPuls. In the event of any discrepancy between the French version and a translation, the French version prevails.
Annex: data processing agreement
This annex sets out the conditions under which MyPuls processes personal data on behalf of the Customer, within the meaning of Article 28 of Regulation (EU) 2016/679 and equivalent applicable laws.
Subject matter and duration. MyPuls processes the personal data needed to provide the Service for the whole duration of the Subscription and until the deletion provided for in article 12.
Nature and purposes. Hosting, display, organisation, segmentation, sending of messages, computation of statistics and AI Features, for the sole purpose of providing the Service to the Customer.
Categories of data and data subjects. Identification and contact data, account and activity data on the Platforms, message content, transaction and segmentation data, concerning Creators, fans of the Platforms and the Customer's Users.
Instructions. MyPuls processes the data only on the Customer's documented instructions, the Terms and the use of the Service constituting those instructions, unless otherwise required by law, in which case MyPuls informs the Customer.
Confidentiality. MyPuls ensures that persons authorised to process the data are bound by an obligation of confidentiality.
Security. MyPuls implements appropriate technical and organisational measures, including encryption of data in transit and at rest, strong authentication for administrative access, logging, regular backups and segregation of environments.
Sub-processors. The Customer authorises MyPuls to use the sub-processors needed for the Service (hosting and infrastructure, email delivery, payment, language model providers for the AI Features), the list of which is available on request. MyPuls informs the Customer of any addition or replacement at least thirty days in advance; the Customer may object on legitimate grounds, in which case either party may terminate the Subscription.
Assistance. MyPuls assists the Customer, as far as possible, in responding to requests from data subjects exercising their rights, and with its obligations relating to security, breach notification and impact assessments, taking into account the information available to MyPuls.
Data breaches. MyPuls notifies the Customer without undue delay after becoming aware of a personal data breach, with the information needed for notification to authorities and data subjects.
Transfers. Data may be processed in the United States and in the European Union. For transfers outside the European Union, MyPuls puts appropriate safeguards in place, in particular the standard contractual clauses of the European Commission.
End of processing. At the end of the Subscription, MyPuls deletes or returns the personal data in accordance with article 12, subject to legal retention obligations.
Audit. MyPuls makes available to the Customer the information needed to demonstrate compliance with this annex and allows reasonable audits, at most once a year, on its business days and during business hours, with thirty days' notice, subject to a confidentiality undertaking and under conditions that do not disrupt the Service.