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These Terms and Conditions (the “Terms”) and, in case of subscription, the terms on such subscription mentioned on the web form available at www.Typr.ch, form a binding agreement between you, in your individual capacity or on behalf of the organization you represent, and Pulsar Media Sàrl, a Swiss limited liability company (“Company”) and govern your access to and use of the service offered by Company and described at www.pulsar-media.ch/typr (the “Service”).

 

Customers and Authorized Users

1. Customers and Authorized Users. These Terms apply to both Customers and Authorized Users, as applicable and as set forth below.

1.1. A “Customer” is you or the entity that you represent in agreeing to these Terms and creating an account on the Service, as indicated by you at the time you create an account. If you create an account but are not formally affiliated with an organization, or do not have the necessary organizational authority to enter into the Terms on behalf of such organization, then you as an individual are the Customer.

1.2. An “Authorized User” is a person who a Customer, or a person with admin access on a Customer’s account, has invited to participate in a Customer account.

 

Acceptance of Terms

2. Acceptance of Terms. By creating an account to access the Service, or by entering into an agreement to purchase a Subscription (as defined below), you agree, as an individual or on behalf of the organization that you represent, as applicable, to be bound by these Terms as Customer. By accepting an invitation to join a team or organization account created by a Customer or otherwise indicating your assent to these Terms, you agree to be bound by these Terms as an Authorized User on a Customer’s Subscription. In either case and for any other kind of access or use of the Service, you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are at least 16 years of age and have the minimum age required in your country to consent and use the Service, and (3) you have the authority to enter into the Terms (on behalf of yourself or, if applicable, the organization that you represent). If you do not wish to be bound by these Terms, you may not access or use the Service. The Service is not designed for users under the age of 16, and if you are younger than 16 you may not use the Service.

 

Changes to Terms

3. Changes to Terms. These Terms and terms of Subscription, including prices, are subject to occasional revision. We will notify you of any changes to our Terms by posting the new Terms on the Service and updating the “Last Updated” date below. We will also notify you of material changes by sending an email to the email address you have provided to us. For existing Customers and Authorized Users, any changes to these Terms will be effective thirty calendar days following notification of such change, and for new Customers and Authorized Users entering into these Terms after the new “Last Updated” date, these changes will be effective immediately. Continued use of the Service following such changes will indicate your acknowledgement of such changes and agreement to be bound by the updated version of these Terms.

 

Access to Service

4. Access to Service.

4.1. Subscriptions. A Customer may enter into an agreement with Company to purchase a subscription to access and use the Service, subject to and referencing these Terms (a “Subscription”). Subscriptions shall be purchased by completion of the web form available at www.Typr.coh. During the duration of a Subscription, Company shall provide Customer and the Authorized Users invited to Customer’s account with access to the Service granted by the Subscription, unless stated otherwise in the Terms. Customer and the Authorized Users may use the Service solely for Customer’s own internal business purposes and not for re-sale or distribution.

4.2. Free and Trial Access. Company may, in its sole discretion, also offer Customers the ability to access and use the Service without payment, subject to these Terms (an “Unpaid Subscription”). Company may terminate any Unpaid Subscription at any time, in its sole discretion, without liability to the applicable Customer or any Authorized User.

4.3. Suspension, limitation and termination of access. Company has the right to suspend, limit or terminate Service and its access at any time to comply with the law or with a court decision, or in case of inappropriate or abusive use of Service by Customer or Authorized Users. Refunds will not be given for the remaining duration of the Subscription.

 

Billing & Renewal

5. Billing & Renewal  Company will bill Customer in advance for use of the Service in the amount and on the frequency indicated in the Subscription. All prepaid amounts are non-refundable. Customer agrees to maintain valid and up-to-date credit-card billing information on file with Company. All payments due are in CHF (Swiss Francs).  Unless otherwise stated, any applicable taxes and VAT are not included in the prices and must be paid by Customer. Customer will pay all reasonable expenses incurred by Company in collecting late payments, including attorneys’ fees. Company may suspend or downgrade Customer’s account if fees are not paid when due.

5.2. Renewal. If Customer agrees to set up an automatic renewal, the same Subscription will be automatically renewed for the same period, unless changes of Terms or Subscriptions terms (see Section 3). Customer or Company may at any time discontinue the automatic bill payment.

 

 

Intellectual Property Rights & Restrictions

6. Intellectual Property Rights & Restrictions.  Company shall retain all intellectual property rights in the Service, including any and all derivatives, changes, and improvements thereof, and Customer and each Authorized User agrees that it obtains no intellectual property rights or licenses by these Terms except those expressly granted herein. Each Customer and Authorized User agrees that it shall (i) not attempt to infiltrate, hack, reverse engineer, decompile, or disassemble the Service; (ii) not represent that it possess any proprietary interest in the Service; (iii) not directly or indirectly, take any action to contest Company's intellectual property rights or infringe them in any way; and (iv) except as specifically permitted hereunder, not use the name, trademarks, trade-names, and logos of Company.

 

Limitations of liability

7. Limitations of liability

7.1 Liability

In no case shall Company be liable for any direct, indirect or consequential damages arising out of access to, or use of, the Service. Company declines all responsibility for the unavailability and/or any technical problems with the Service and/or any inability to provide the Service.

7.2. Maintenance. To provide the best experience to Customer, Company may have to suspend or limit Service exceptionally and temporarily. Company is committed to doing its best to prevent such a situation and to inform Customer thereof.

7.3. Suspension, limitation and termination of access. Company is not liable for any consequences of suspension, limitation and termination of Service or its access made in accordance with Terms.

 

Customer Content

8. Customer Content.

8.1. Ownership.  All data, information, files, or other materials and content that Customer makes available to Company for the purpose of utilizing the Service (including, without limitation, training data, prompt inputs, and drafts) (“Customer Content”) shall remain the sole property of Customer. Customer shall retain all intellectual property rights in the Customer Content. Company does not screen Customer Content, is not responsible for storing or maintaining backups of any Customer Content, and is not responsible for the content of or any use by Customer of the Customer Content.

8.2. Warranties and Covenants.  By providing or otherwise making Customer Content available to Company, Customer hereby warrants and represents that: (i) the copying, uploading, and use of the Customer Content does not infringe upon any third party’s proprietary rights, including intellectual property rights; (ii) Customer has fully complied with any third-party licenses, permits and authorizations required in connection with such Customer Content; (iii) the Customer Content does not contain any viruses, worms, Trojan horses, or other harmful or destructive code or content; and (iv) the Customer Content is not obscene or libelous, does not violate the right of privacy or publicity of any third party or is not otherwise illegal. Customer shall provide its end users with any notice and obtain any consent from end users as required by applicable laws and regulations in connection with the collection, use, and disclosure of any Customer Content to Company via the Service.

8.3. License to Company.  Customer hereby grants Company a worldwide, non-exclusive, royalty-free, license to use, copy, reproduce, distribute, prepare derivative works of, display, and perform any and all Customer Content, solely to the extent required to perform the Service. For clarity, Company will not use Customer Content to train its algorithms or otherwise to improve its products or services (subject to Sections below). The above license granted by Customer shall terminate upon removal or deletion of the Customer Content from the Service or the termination of these Terms.

8.4. Unpaid Subscription Anonymized Data.  Company may anonymize Customer Content from Unpaid Subscriptions (as so anonymized, “Unpaid Subscription Anonymized Data”) for the purpose of analyzing and improving the Service, including the algorithms underlying the Service. Customer hereby grants to Company a worldwide, non-exclusive, royalty-free, license to use, copy, reproduce, distribute, prepare derivative works of, display, and perform any and all Unpaid Subscription Anonymized Data for any such purpose, including incorporation of insights derived therefrom into its products and services, provided that no such use of the Unpaid Subscription Anonymized Data identifies the Customer or any of its Authorized Users in any manner.

8.5. Output Content.  If Customer uses Company’s offering (or any rebranded version), or any other features or functions that process Customer Content, Customer will own all right, title and interest in the resulting content output (“Output Content”). Company shall and hereby does assign such rights to Customer. Output Content will be treated as Customer Content for purposes of this Agreement.

8.6. Platform Data.  In the course of providing the Service, Company may collect statistical data and performance information, analytics, meta-data or similar information, generated through instrumentation and logging systems, regarding the operation of the Service, including Customer’s use of the Service (the “Platform Data”). Nothing in this Agreement shall restrict Company’s right to collect Platform Data or to use it for any internal business purpose, provided however, that (i) Platform Data will not include any Customer Content, and (ii) Typr will not disclose Platform Data to any third party in a manner that allows such third party to identify Customer, other than Company’s employees, agents or service providers who are subject to obligations of confidentiality with respect to such Platform Data.

8.7. EU and Swiss Privacy Laws.  Customer agrees that it will not transfer to Company any Customer Data that contains personal data of a person subject to the European Union and Swiss General Data Protection Regulation without first entering into a mutually agreeable data processing agreement with Company.

Miscellaneous

9. Miscellaneous.

9.1. Applicable law and jurisdiction. The agreement shall be governed by the laws of Switzerland. The courts of Geneva shall have jurisdiction over any disputes arising directly or indirectly in relation to the agreement, be it dispute in tort or in contract or for any other cause. An appeal before the Swiss Federal Supreme Court being reserved.

9.2. Survival clause. Upon the termination or cancellation of the agreement or any clauses hereof for any reason, those clauses which are intended to continue and survive such termination or cancellation, particularly clause 6, shall so continue and survive.

9.3. Divisibility clause. If any of the provisions of the Terms are found to be null and void, the remaining provisions of these Terms shall remain valid and shall continue to bind the Parties.

9.4. Force majeure. Company is not liable for any failure in performance due to circumstances beyond its control including, without limitation, governmental actions, cyber-attack, acts or omissions of internet traffic carriers, strikes, natural disasters, etc.

 

Effective: January, 2024

Your data and privacy are important to us, and we are committed to transparency regarding how we collect, use, and share information about you and your data.

This Privacy Policy covers the information we collect from you and about you when you use our products or services, or otherwise interact with us (for example, by attending our events), unless a different policy is displayed. We offer a range of products and refer to all of these products, together with our other services and websites as “Services” in this policy.

This policy also explains your choices about how we use information about you, which could be used to identify you directly or indirectly (“Personal Data”). Your choices include how you can object to certain uses of Personal Data about yourself and how you can access and update certain Personal Data about yourself. If you do not agree with this policy, we thus suggest you to not access or use our Services or interact with any other aspect of our business.

Where we are authorized by the law, by the contract or by your consent to provide the Services under contract with an organization, we first ensure that this organization is able to guarantee data security so that it may then take control of the information processed by the Services.. For more information, please see Notice to End Users below.

This Privacy Policy applies to Typr AI-enabled writing assistance platform, including the associated web application, (collectively, the “Services”) and other Pulsar media websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with us. This Privacy Policy does not apply to any third party applications or software that integrate with the Services through the Typr platform (“Third Party Services”), or any other third party products, services, or businesses. In addition, a separate agreement governs delivery, access, and use of the Services (the web terms of service or a separately negotiated master services agreement, each a “Services Agreement”), including the processing of any messages, files, or other content submitted through Services accounts (collectively, “Customer Data,” which may include Personal Data). The organization (e.g., your employer or another entity or person) that entered into the Services Agreement (“Customer”) controls their instance of the Services (their “Organization”) and any associated Customer Data. If you have questions about specific Organization settings and privacy practices, please contact your Account owner.

Other Information

We also collect, generate and/or receive Other Information, which may include Personal Data:

• Organization and Account Information
  To create your account, you or the Organization Owner (e.g., your employer or tool administrator) supply us with a name, email address, phone number (optional), password, role in the Organization (optional), timezone and/or similar account details. To update your account, you or the Organization Owner can log in using the supplied credentials (username/password) and change settings to which you have access. If your Organization Owner chooses to invite you to a Workspace (add you to the Account), they can do so via email.
• Your use of the Services
  We keep track of certain information about you when you visit and interact with any of our Services. This information includes:
• the features you use
• the links you click on
• the type, size, and file names of attachments you upload to the Services
• frequently used search terms
• how you interact with others on the Services. We also collect information about the teams and people you work with and
• how you work with them, such as who you collaborate with and communicate with most frequently.
• Device and Connection Information
  We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services.
• Cookies and Other Tracking Technologies
  We and our third-party partners, such as our advertising and analytics partners, use cookies and other tracking technologies (e.g., web beacons, device identifiers and pixels) to provide functionality and to recognize you across different Services and devices.
• Third Party Services
  Organization Owners (or tool administrators) can choose to permit or restrict Third Party Services for their Organization. Typically, Third Party Services are software that integrate with our Services. Team Members should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to us. When a Third Party Service is enabled, we are authorized to connect and access Other Information made available to us in accordance with our agreement with the Third Party Provider.
• Third Party Data
  We may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information that we collect and might include aggregate-level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
• Additional Information Provided to Us
  We receive Other Information when you submit information through a form on our Website or if you participate in a focus group, contest, webinar, activity or event, apply for a job, request support, visit our office, interact with our social media accounts, or otherwise communicate with us.
• Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Organization setup details, is not provided, we may be unable to provide the Services.

 

Notice to End Users

Many of our products are intended for use by organizations. Where the Services are made available to you through an organization (e.g., your employer), that organization is the administrator of the Services and is responsible for the accounts and/or Service sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.

Administrators are able to:

• require you to reset your account password
• restrict, suspend, or terminate your access to the Services
• access information in and about your account
• access or retain information stored as part of your account
• install or uninstall third-party apps or other integrations

In some cases, administrators can also:

• restrict, suspend, or terminate your account access
• change the email address associated with your account
• change your information, including profile information
• restrict your ability to edit, restrict, modify, or delete information

Even if the Services are not currently administered to you by an organization, if you use an email address provided by an organization to access the Services, then the owner of the domain associated with your email address (e.g., your employer) may assert administrative control over your account and use of the Services at a later date. You will be notified if this happens.

If you do not want an administrator to be able to assert control over your account or use of the Services, use your personal email address to register for or access the Services. If an administrator has not already asserted control over your account or access to the Services, you can update the email address associated with your account through your account settings in your profile. Once an administrator asserts control over your account or use of the Services, you will no longer be able to change the email address associated with your account without administrator approval.

Please contact your organization or refer to your administrator’s organizational policies for more information.

How We Use Information

Customer Data will be used by us in accordance with Customers’ instructions, including any applicable terms in the Services Agreement and as required by applicable law. Typr is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to an Organization, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.

We use Other Information in furtherance of our legitimate interests in operating our Services, Websites, and business. More specifically, we use Other Information:

• To provide, update, maintain, and protect our Services, Websites, and business.
• This includes use of Other Information to support delivery of the Services under a Services Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at a Team Member’s request.
• As required by applicable law, legal process, or regulation.
• To communicate with you by responding to your requests, comments and questions.
• If you contact us, we may use your Other Information to respond.
• To develop and provide additional features.
• We try to make the Services as useful as possible for specific Organizations and Team Members.
• To send emails and other communications.
• We may send you service, technical, and other administrative emails, workflow notifications, messages, and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. We will also contact you if you request information or to meet with a company representative. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications, or other news about Typr. These are marketing messages, and you can control whether you receive them by clicking the “Unsubscribe” link in our email footers.
• For billing, account management, and other administrative matters.
• We may need to contact you for invoicing, organization management, and similar reasons and we use organization data to administer accounts and keep track of billing and payments.
• To investigate and help prevent security issues and abuse.
• If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose.

 

Data Retention

We will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Services Agreement and as required by applicable law. We will retain your information for as long as your account is active or as needed to provide you Services, or to comply with legal obligations. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account by sending a request to delete your account to “info@pulsar-media.ch” or by requesting that your Organization owner remove you.

We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request and we will take reasonable steps to inform Third party processing information that you have requested the deletion. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.

 

How We Share And Disclose Information

This section describes how we may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and we do not control how they or any other third parties choose to share or disclose Information.

• Customer’s Instructions.
  We will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
• Displaying the Services.
  When a Team Member submits Other Information, it may be displayed to other Team Members in the same or connected Workspaces. For example, a Team Member’s email address may be displayed with their Workspace profile.
• Collaborating with Others.
  The Services provide different ways for Team Members working in independent Workspaces to collaborate, such as shared channels. Other Information, such as a Team Member’s profile Information, may be shared, subject to the policies and practices of the other Workspace(s).
• Customer Access.
  Owners, administrators, Team Members, and other Customer representatives and personnel may be able to access, modify, or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Workspace activity, or accessing or modifying your profile details.
• Third Party Service Providers and Partners.
  We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services.
• Third Party Services.
  Customer may enable or permit Team Members to enable Third Party Services (typically, software that integrates with our Services.) When enabled, we may share Other Information with Third Party Services. Third Party Services are not owned or controlled by us and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
• Corporate Affiliates.
  We may share Other Information with our corporate affiliates with your consent.
• During a Change to Our Business.
  If Pulsar Media engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
• Aggregated or De-identified Data.
  We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Typr customer the average amount of time or money saved for an average team.
• To Comply with Laws.
  If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
• To enforce our rights, prevent fraud, and for safety.
  To protect and defend the rights, property or safety of Typr or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
• With Consent.
  We may share Other Information with third parties when we have consent to do so.

 

 

 

Security

We take security of data very seriously. We work hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology.

• Information storage and security
  We use data hosting service providers in Switzerland to host the information we collect, and we use technical measures to secure your data. For more information on where we store your information, please see AWS Cloud hosting infrastructure page. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. If you use our server or data center Services, responsibility for securing storage and access to the information you put into the Services rests with you and not us. We strongly recommend that server or data center users configure SSL to prevent interception of data transmitted over networks and to restrict access to the databases and other storage points used.
• How long we keep information
  How long we keep information we collect about you depends on the type of information, as described in further detail below. In all cases, we will retain Information only for as long as necessary to comply with law or to achieve the purposes set out in Section “How we use Information”. After such time, we will either delete or anonymize your information.
• Account information
  We retain your account information for as long as your account is active and during 10 years thereafter in case you decide to re-activate the Services, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. For certain information only, this period may be extended if required by legal obligations.
• Information you share on the Services
  If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Services. For example, we continue to display messages you sent to the users that received them and continue to display content you provided.
• Managed accounts
  If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account, except for information of which you are the sole owner. For more information, see “Managed accounts and administrators” above.

·       Record of processing activities

We maintain a record of processing activities that shall as minimum contain:

o   the identity of the controller;

o   the purpose of processing;

o   a description of the categories of data subjects and the categories of processed personal data;

o   the categories of recipients;

o   if possible, the retention period for the personal data or the criteria for determining this period;

o   if possible, a general description of the measures taken to guarantee data security;

o   if the data are disclosed abroad, details of the State concerned and the guarantees of an appropriate level of protection.

 

Our Policy Toward Children

Our Services are not directed to persons under 16. We do not knowingly collect personally identifiable information from children under 16. If a parent or guardian becomes aware that their child has provided us with Personal Data without their consent, they should contact us at info@pulsar-media.ch. If we become aware that a child under 16 has provided us with Personal Data, we will take steps to delete this information from our files.

 

Changes To This Privacy Policy

We may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, we will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. Contact your Organization owner if you wish to request the removal of Personal Data under their control.

Data Protection Officer

To communicate with our Data Protection Officer, please email info@pulsar-media.ch.

Your Rights

Individuals located in Switzerland may exercise all the rights conferred on them by Swiss law, such as the Federal Act on Data Protection.

Individuals located in certain countries, including the European and Swiss Economic Area, have certain statutory rights in relation to their Personal Data. Subject to any exemptions provided by law, you may have the right to request access to Personal Data, as well as to seek to update, delete or correct this Personal Data. If you cannot use the settings and tools, contact your Organization Owner for additional access and assistance.

To the extent that our processing of your Personal Data is subject to the General Data Protection Regulation, we rely on our legitimate interests, described above, to process your data. We may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to our use of your Personal Data for this purpose at any time.

Contacting Pulsar Media

Please feel free to contact us if you have any questions about this Privacy Policy or our practices, or if you are seeking to exercise any of your statutory rights. You may contact us at info@pulsar-media.ch or at our mailing address below:

Pulsar Media Sarl
Rue de Neuchâtel 8, 1201 Genève