Terms of Service

These Terms of Service govern access to and use of Pulse's websites, software, applications, managed services, professional services, and related products and services collectively referred to as the "Services." By creating an account, purchasing a subscription, signing an Order Form, using the Services, or otherwise indicating acceptance of these Terms, you agree to be bound by them.

If you use the Services on behalf of a company, agency, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

The following capitalized terms have the meanings given below whenever they are used in these Terms.

• "Customer" or "you": the individual or entity using or purchasing the Services.
• "Pulse," "we," "us": Pulse Productivity Inc.
• "Services": Pulse's software, websites, applications, managed services, professional services, reporting, support, integrations, AI-assisted features, monitoring, engagement workflows, and related offerings.
• "Managed Services": human-assisted or human-operated services performed by Pulse or its contractors, including setup, targeting, monitoring, strategy, drafting, engagement, optimization, reporting, onboarding, and support.
• "Order Form": any written or electronic order, proposal, statement of work, checkout record, invoice, subscription confirmation, or other document identifying commercial terms for a Customer.
• "Credit": a unit of usage allocated under a plan or Order Form that may be consumed by designated functionality or services.
• "Third-Party Platform": any external service, platform, API, network, website, data source, or provider that Pulse does not own or control.
• "Customer Content": content, information, documents, instructions, data, brand materials, messaging, keywords, approvals, edits, and other materials supplied by or on behalf of Customer.
• "Confidential Information": non-public information disclosed by one party to the other that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, as further described in the Confidentiality section.
• "Feedback": suggestions, ideas, or other feedback about the Services that Customer chooses to provide to Pulse, as further described in the Feedback section.

You must be at least 18 years old and legally capable of entering into a binding contract to purchase or use paid Services. If you use the Services on behalf of an organization, you must have authority to do so.

To use certain Services, Customer must register for an account and provide accurate, current, and complete information. Customer will keep this information up to date.

Customer is responsible for maintaining the confidentiality of its account credentials and for all activity that occurs under its account. Customer will notify Pulse promptly of any unauthorized use of its account or any other suspected security breach.

Pulse may require additional verification steps to protect account and Services security.

Pulse may provide software functionality, monitoring, lead identification, buyer intent analysis, competitor intelligence, brand monitoring, AEO and AI visibility tools, AI-assisted drafting, engagement workflows, reporting, integrations, managed services, professional services, and other related functionality.

The specific features, allowances, service levels, and deliverables available to a Customer depend on the applicable plan, Order Form, subscription, or written agreement.

Subject to these Terms and payment of applicable fees, Pulse grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for Customer's internal business purposes during the applicable subscription term.

Customer will not, and will not permit any third party to:

• resell, sublicense, or redistribute the Services, except under Pulse's authorized reseller or partner terms;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services;
• scrape, crawl, or extract data from the Services beyond their intended functionality;
• attempt to circumvent usage limits, rate limits, security controls, or access restrictions; or
• share account credentials with any unauthorized user.

Pulse may provide Managed Services in connection with certain plans or Order Forms. Managed Services may include project setup, targeting, strategy, monitoring, lead review, drafting, approval workflows, engagement, optimization, reporting, account support, and related work.

Fees for Managed Services compensate Pulse for work performed, resources allocated, access provided, and services rendered. Managed Services are not contingent upon achieving any particular business result.

Unless expressly stated in an Order Form, Managed Services do not create any guaranteed minimum level of impressions, leads, comments, replies, conversions, revenue, rankings, citations, or other outcomes.

A Credit is a unit of usage that may be applied toward designated functionality or services within Pulse. The number of Credits included in a plan does not represent a guarantee of an equivalent number of published comments, posts, leads, replies, conversions, impressions, or other outcomes.

The event that causes a Credit to be consumed may vary by plan or feature and will be described in the applicable plan, product interface, Order Form, or written commercial terms. For example, current Credit consumption for comment-related functionality is described in the product interface on the account usage page.

Unused Credits roll over to the next billing period. The exception is Credits allocated to a project where content requires Customer's approval before it is used, sent, or published (a project with an active approval workflow): Credits allocated to that project do not roll over, because usage on that project is limited by how quickly Customer reviews and approves drafts rather than by the number of Credits available. The applicable plan or Order Form may state different or additional rollover terms, which control over this section for that plan or Order Form.

Credits have no cash value and are not transferable unless Pulse expressly agrees otherwise in writing.

Customer retains ownership of Customer Content. Customer grants Pulse a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, modify, transmit, display, and otherwise use Customer Content only as reasonably necessary to provide, secure, operate, support, improve, and develop the Services, comply with Customer instructions, and satisfy legal obligations.

Customer represents that it has all rights and permissions necessary for Pulse to use Customer Content in this manner.

The Services may use artificial intelligence, machine learning, or automated systems to generate drafts, classifications, recommendations, scores, summaries, targeting suggestions, analyses, or other outputs.

AI-generated or AI-assisted outputs may be incomplete, inaccurate, inappropriate, or unsuitable for a particular purpose. Customer is responsible for reviewing outputs before relying on, approving, publishing, or acting on them.

Pulse does not warrant that AI-assisted outputs will be unique, accurate, complete, error-free, or suitable for Customer's intended use.

Where the Services allow Customer to approve, reject, edit, instruct, schedule, or authorize content or engagement activity, Customer is responsible for reviewing the applicable content before approval.

Customer approval or instruction authorizes Pulse to take the applicable action on Customer's behalf, including publishing, submitting, scheduling, or otherwise processing content where the applicable service supports such action.

Customer is responsible for the accuracy, legality, and appropriateness of Customer-approved content and instructions.

The Services may integrate with, depend on, link to, retrieve data from, or interact with Third-Party Platforms. Customer's use of Third-Party Platforms is governed by the terms, policies, rules, and privacy practices of those providers.

Pulse does not control Third-Party Platforms and is not responsible for their availability, accuracy, security, functionality, data practices, policy decisions, or changes. Third-Party Platforms may include services such as Reddit, search engines, AI platforms, and messaging tools, by way of non-exhaustive illustration only.

Pulse relies in part on Third-Party Platforms, including Reddit and other external services that Pulse does not own or control.

Third-Party Platforms may remove content, suspend or restrict accounts, change algorithms, modify ranking systems, alter moderation practices, change community rules, block or limit access, restrict APIs, modify data availability, impose rate limits, change spam or abuse detection systems, discontinue functionality, or experience outages.

These events may affect Pulse's ability to identify leads, access data, publish or maintain content, operate integrations, deliver engagement activity, or provide certain functionality.

Such events are outside Pulse's control and, by themselves, do not constitute a breach of these Terms or a failure by Pulse to provide the Services. Pulse does not guarantee that any post, comment, account, lead, subreddit, community, integration, API, or distribution channel will remain available.

Customer is responsible for:

• protecting its account credentials and the security of its account;
• using the Services in compliance with applicable law;
• the accuracy of information Customer supplies to Pulse;
• reviewing content before approving or publishing it through the Services;
• having the authority and permissions necessary for any data and integrations Customer connects to the Services; and
• providing the cooperation, access, inputs, and timely approvals Pulse reasonably needs to deliver Managed Services.

Customer is responsible for complying with the rules, terms, community standards, and applicable policies of Third-Party Platforms used in connection with the Services.

Customer will not, and will not permit others to, use the Services to:

• engage in illegal activity;
• harass, abuse, or threaten any person;
• infringe the intellectual property or other rights of any third party;
• introduce malware or malicious code, or attack the Services or any other system;
• share credentials with unauthorized users or abuse credentials;
• send spam or bulk unsolicited messaging;
• evade platform restrictions, bans, or suspensions imposed by a Third-Party Platform;
• operate unauthorized automation against a Third-Party Platform in violation of that platform's rules;
• impersonate any person or entity; or
• engage in deceptive or otherwise harmful activity.

These restrictions are directed at abuse, evasion, and rule-breaking. They do not prohibit Pulse's own intended and legitimate operation of the Services, including keyword monitoring, lead identification, AI-assisted drafting, and Customer-approved engagement carried out in accordance with the applicable Third-Party Platform's rules.

Customer agrees to pay all fees specified in the applicable plan, checkout flow, invoice, or Order Form.

Unless otherwise stated, subscription fees are billed in advance.

Customer authorizes Pulse and its payment processors to charge the applicable payment method for recurring subscription fees, usage charges, add-ons, taxes, and other amounts due.

Subscriptions automatically renew for successive billing periods unless cancelled before the applicable renewal date, unless an Order Form states otherwise.

Customer is responsible for applicable taxes other than taxes based on Pulse's net income.

Pulse may suspend access for overdue amounts after reasonable notice.

Customer may cancel a recurring subscription at any time. Cancellation prevents future renewals but does not automatically entitle Customer to a refund or prorated credit for the current billing period.

Except where required by applicable law, expressly stated in the money-back guarantee below, or expressly agreed in an applicable Order Form, fees are non-refundable once a billing period begins or services have been performed.

Pulse offers a 3-day money-back guarantee on eligible self-serve plans. A refund under this guarantee is available only if all of the following conditions are met:

• Customer contacts Pulse at support@usepulse.ai and confirms cancellation within 3 days of the date of the initial payment;
• as of the date of that request, Customer has used less than 10% of each usage-based allowance included in Customer's plan (for example, Credits, keyword matches, and generated comments or posts, as shown on the account usage page). If Customer has used 10% or more of any one plan allowance, the guarantee does not apply; and
• the subscription is a self-serve plan and is not an Enterprise plan or governed by an Order Form. This guarantee is never available for Enterprise plans or Order Forms, in any case.

Setup fees, onboarding fees, professional services, Managed Services, usage-based charges, custom work, and work already performed are non-refundable, including for a Customer who otherwise qualifies for the money-back guarantee.

Any refund provided outside an express refund right is discretionary and does not create an obligation to provide similar refunds in the future.

Enterprise, agency, reseller, partner, managed-service, and custom arrangements may be governed by an Order Form.

An Order Form may specify pricing, included Credits, deliverables, service levels, billing terms, pilot terms, refund rules, usage allowances, managed-service scope, renewal terms, and other commercial terms.

If an Order Form conflicts with these Terms, the Order Form controls solely with respect to that conflict.

No verbal statement, sales discussion, demonstration, estimate, forecast, or informal communication modifies these Terms or an Order Form unless expressly incorporated into a written agreement.

Pulse may offer pilots, beta features, previews, experiments, early-access functionality, or other pre-release services.

Pilots and experimental services are intended to evaluate suitability, functionality, workflows, strategy, targeting, or product fit and may change during the evaluation period.

Beta or experimental features may contain errors, be modified or discontinued, operate inconsistently, or be subject to additional limitations.

Unless expressly stated in an Order Form, pilots do not guarantee production-level performance or any particular commercial outcome.

Pulse aims to provide reliable access to the Services but does not guarantee uninterrupted, continuous, secure, or error-free operation.

Pulse may modify, suspend, restrict, replace, or discontinue features where reasonably necessary for security, legal, operational, product, or third-party-platform reasons.

Pulse may perform maintenance and may experience outages or disruptions.

Pulse and its licensors own all rights, title, and interest in the Services, software, designs, interfaces, systems, models, workflows, documentation, trademarks, and other Pulse technology, excluding Customer Content.

Customer may choose to provide Pulse with suggestions, ideas, or other feedback about the Services ("Feedback"). Pulse may use Feedback for any purpose without restriction or obligation to Customer.

Each party may receive non-public information from the other that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

The receiving party will use Confidential Information only as necessary to perform or receive the Services and will protect it using reasonable care.

Confidential Information does not include information that:

• was already known to the receiving party without a duty of confidentiality before it was disclosed;
• is or becomes publicly available without breach of these Terms by the receiving party;
• was independently developed by the receiving party without use of the disclosing party's Confidential Information; or
• was rightfully received from a third party without restriction.

A party may disclose Confidential Information where required by law, provided that, where legally permitted, it gives the disclosing party reasonable notice so the disclosing party may seek a protective order or other appropriate remedy.

Pulse's collection and processing of personal information is described in the Pulse Privacy Policy.

Where required, the parties may enter into a separate data processing agreement.

Each party will comply with applicable laws relating to its performance under these Terms.

Pulse may suspend or terminate access where Customer materially breaches these Terms, fails to pay amounts due, creates security or legal risk, misuses the Services, violates Third-Party Platform rules in a manner that creates risk to Pulse, or where suspension is reasonably necessary to protect Pulse, its users, its contractors, or Third-Party Platforms.

Where feasible, Pulse will give Customer reasonable notice before suspending or terminating access. Pulse may act immediately and without prior notice where a delay would create material risk to Pulse, its users, or a Third-Party Platform.

Upon termination, Customer's right to access the Services ends, except for rights or obligations that by their nature survive termination.

Customer may terminate by cancelling in accordance with the Refunds and Cancellations section. Fees accrued before termination remain payable.

The Services are provided "as is" and "as available."

To the maximum extent permitted by applicable law, Pulse disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and results.

Pulse does not guarantee any particular number of leads, engagements, published comments, posts, impressions, views, clicks, replies, conversions, customers, revenue, search rankings, AI citations, AI visibility improvements, recommendation placements, response rates, or other commercial results.

Past performance, examples, case studies, demonstrations, forecasts, estimated lead volume, relevance scores, opportunity scores, projected results, or illustrative reports are not guarantees of future performance.

Results may depend on Customer inputs, targeting, market conditions, Third-Party Platforms, moderators, community behavior, content quality, competition, timing, approvals, and other factors outside Pulse's control.

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost business, lost goodwill, or loss of data, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Pulse's aggregate liability arising out of or relating to these Terms or the Services will not exceed the total fees paid or payable by Customer to Pulse for the Services giving rise to the claim during the twelve months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties. The limitations in this section apply to the maximum extent permitted by applicable law, and some of them may not apply to a particular Customer.

Customer will indemnify, defend, and hold harmless Pulse, its affiliates, and their personnel against third-party claims, damages, liabilities, costs, and reasonable legal fees arising from:

• Customer Content;
• Customer instructions;
• Customer-approved content and engagement activity;
• Customer's misuse of the Services;
• Customer's violation of law;
• infringement of third-party rights by Customer Content or Customer instructions;
• Customer's breach of Third-Party Platform rules; and
• Customer's breach of these Terms.

Pulse will give Customer prompt written notice of the claim. Customer controls the defense and settlement, provided that a settlement imposing non-monetary obligations or admitting liability on Pulse requires Pulse's prior written consent. Pulse will provide reasonable cooperation at Customer's expense and may participate with its own counsel at its own expense.

Before commencing formal proceedings, the parties agree to attempt in good faith to resolve any dispute by providing written notice describing the dispute and allowing at least 30 days for informal resolution.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Subject to any mandatory rights under applicable law, the courts located in Toronto, Ontario will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.

Before initiating a chargeback, payment dispute, or similar reversal request, Customer agrees to contact Pulse at support@usepulse.ai and provide reasonable details regarding the disputed charge so the parties can attempt to resolve the matter.

Initiating a payment dispute does not relieve Customer of amounts legitimately due under these Terms.

Pulse may provide payment processors, card networks, financial institutions, or other dispute-resolution providers with records reasonably necessary to respond to a payment dispute, including records of Customer's acceptance of these Terms (including the date and version accepted), account activity, usage records, Order Forms, invoices, customer communications, approvals, service records, and evidence of work performed.

As set out in the Refunds and Cancellations section, Customer's refund eligibility, if any, is governed by that section. Services Pulse has already rendered, including Managed Services and other work performed, are non-refundable, and Customer's acceptance of these Terms and the applicable Order Form or checkout record is evidence of Customer's agreement to that rule.

Pulse may update these Terms from time to time. If a change is material, Pulse will provide notice through the Services, by email, or by another reasonable method.

Changes will apply prospectively from their effective date unless otherwise required by law.

Entire Agreement

These Terms, together with any applicable Order Form and any policies incorporated by reference, constitute the entire agreement between Customer and Pulse regarding the Services and supersede any prior agreements or communications on the subject.

Order of Precedence

If there is a conflict among these documents, the applicable Order Form controls, then these Terms, then any policy incorporated by reference.

Assignment

Customer may not assign these Terms without Pulse's prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets. Pulse may assign these Terms in connection with a reorganization, merger, acquisition, sale of assets, or transfer of the Services.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Waiver

A party's failure to enforce a provision of these Terms is not a waiver of its right to do so later.

Force Majeure

Neither party will be liable for delay or failure caused by events beyond its reasonable control, including internet failures, cloud provider outages, acts of government, natural disasters, labor disputes, cyberattacks, or Third-Party Platform disruptions.

Survival

The following sections survive termination of these Terms: the Customer Content license to the extent needed to comply with legal obligations or wind down the Services, Intellectual Property, Feedback, Confidentiality, Fees for amounts accrued before termination, Disclaimers, No Guaranteed Outcomes, Limitation of Liability, Indemnification, Dispute Resolution and Governing Law, Payment Disputes, and this General Contract Terms section.

Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, agency, employment, or joint venture between Customer and Pulse.

No Third-Party Beneficiaries

These Terms do not create any rights for any person or entity that is not a party to them.

Electronic Communications and Signatures

Customer agrees that Pulse may provide notices and other communications electronically, and that electronic signatures and records satisfy any legal requirement for a written signature or record.

Notices

Pulse will provide notices to Customer by email to the address associated with Customer's account or through the Services. Customer may provide legal notices to Pulse in writing to Pulse Productivity Inc. at support@usepulse.ai.

For legal notices, support requests, or questions about these Terms, contact Pulse Productivity Inc. at support@usepulse.ai.