Terms of Service

Pulse provides a cloud-based operating platform for service businesses. The Service includes:

• Core Platform: CRM, financial management, HR, reporting, and workflow automation
• Communications: SMS messaging, email delivery, voice calls, and unified inbox
• Calendar & Scheduling: Appointment booking, resource management, and calendar integrations
• Add-on Bundles: Field operations, project management, inventory, and industry-specific features
• Pulse IQ: AI-powered agent actions and intelligent automation

We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice.

To use the Service, you must create an account and provide accurate, complete information. You agree to:

• Provide truthful, accurate, and complete registration information
• Maintain and update your information to keep it accurate and current
• Maintain the confidentiality of your account credentials
• Restrict access to your account and devices
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

You agree not to use the Service to:

4.1 General Prohibitions

• Violate any applicable laws, regulations, or third-party rights
• Infringe on intellectual property rights of others
• Transmit malware, viruses, or other harmful code
• Attempt unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service to compete with us or build a similar product

4.2 Messaging and Communications Prohibitions

When using our SMS, email, or voice communication features, you agree not to:

• Send unsolicited messages: No spam, bulk messaging, or messages to recipients who have not consented
• Violate TCPA: No SMS/voice calls to numbers on the National Do Not Call Registry without prior express written consent
• Violate CAN-SPAM: All marketing emails must include accurate sender info, subject lines, and unsubscribe mechanisms
• Send prohibited content: No illegal content, hate speech, harassment, threats, adult content, or deceptive messages
• Phishing or fraud: No impersonation, phishing attempts, or fraudulent schemes
• High-risk content: No debt collection, payday loans, cannabis, or other carrier-prohibited content
• Exceed rate limits: No sending volumes that exceed carrier-approved limits for your campaign type

Violation of these policies may result in immediate suspension of messaging services, account termination, and legal action.

5.1 A2P 10DLC Registration (US SMS)

To send SMS messages to US phone numbers, you must:

• Complete A2P 10DLC registration with accurate business information
• Register each messaging campaign with a clear use case description
• Pay applicable carrier registration fees (brand: ~$4, campaign: ~$15)
• Maintain compliance with carrier guidelines and approved use cases
• Update registration information within 30 days of any business changes

5.2 Consent Requirements

Before sending SMS or marketing emails, you must:

• Obtain consent: Get clear, affirmative consent from recipients before sending messages
• Document consent: Maintain records of how and when consent was obtained
• Honor opt-outs: Process STOP requests immediately and maintain do-not-contact lists
• Identify yourself: Clearly identify your business in all messages

5.3 Message Content Standards

All messages sent through Pulse must:

• Be truthful and not misleading
• Match the use case described in your A2P registration
• Include opt-out instructions (SMS: "Reply STOP to unsubscribe")
• Comply with carrier content policies and character limits

5.4 Your Responsibilities

You are solely responsible for:

• Compliance with TCPA, CAN-SPAM, and all applicable laws
• Content of messages sent through your account
• Obtaining and maintaining recipient consent
• Carrier fees, filtering, or blocking of your messages
• Any legal claims arising from your messaging practices

6.1 Subscription Fees

• Platform fees are billed in advance on a monthly or annual basis
• Fees are based on your selected plan and active user count
• We may change fees with 30 days' notice to existing customers
• All fees are non-refundable except as required by law

6.2 Usage-Based Fees

Additional charges apply for:

• SMS Messages: Per-message carrier fees (rates vary by destination)
• Voice Calls: Per-minute charges for outbound calls
• Phone Numbers: Monthly rental fees for dedicated phone numbers
• A2P Registration: One-time carrier fees for brand and campaign registration
• Email Sending: Charges may apply for high-volume email sending

6.3 Payment Processing

• You must provide valid payment information
• You authorize us to charge your payment method for all fees
• You are responsible for all applicable taxes
• Failed payments may result in service suspension
• We use Stripe for payment processing (subject to Stripe's terms)

Your Data: You retain all rights, title, and interest in the data you input into the Service ("Your Data"), including customer information, business records, and message content.

License to Us: You grant us a limited, non-exclusive, worldwide license to use, store, process, and transmit Your Data solely to:

• Provide and maintain the Service
• Send communications on your behalf
• Comply with legal obligations
• Improve the Service (using aggregated, anonymized data only)

Your Responsibilities: You represent and warrant that you have all necessary rights to Your Data and that Your Data does not violate any laws or third-party rights.

The Service, including all software, content, designs, trademarks, and documentation, is owned by Pulse and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices
• Use our trademarks without written permission
• Frame or mirror any part of the Service

Uptime: We strive to maintain 99.9% uptime for the core platform. Enterprise customers receive an SLA with uptime guarantees and credits for downtime.

Maintenance: We may perform scheduled maintenance with advance notice. Emergency maintenance may occur without notice.

Support: Support availability varies by plan. Enterprise customers receive priority support with defined response times.

Third-Party Services: We rely on third-party services (Twilio, SendGrid, Stripe). Outages or issues with these providers may affect Service availability.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

We disclaim all warranties, including but not limited to:

• Merchantability, fitness for a particular purpose, and non-infringement
• Uninterrupted, error-free, or secure operation
• Accuracy, reliability, or completeness of content
• Delivery, deliverability, or receipt of SMS/email messages
• Carrier approval or compliance with A2P requirements

To the maximum extent permitted by law:

Pulse shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services
• Damages arising from messaging violations, carrier filtering, or TCPA claims
• Damages arising from third-party service outages

Our total liability for all claims shall not exceed the amount you paid us in the 12 months preceding the claim.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

By You: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

By Us: We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security risk to the Service or other users

Effect of Termination: Upon termination:

• Your access to the Service will cease
• You will have 30 days to export Your Data
• After 30 days, we may delete Your Data per our retention policy
• You remain liable for all fees incurred before termination
• Sections that by their nature should survive (indemnification, limitation of liability) will survive

Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Informal Resolution: Before filing a claim, you agree to contact us at legal@pulse.app to attempt to resolve the dispute informally.

Arbitration: Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules.

Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms with a new effective date
• Sending an email to your registered email address
• Displaying a notice in the Service

Continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pulse.

Severability: If any provision is found unenforceable, the remaining provisions will remain in effect.

No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.

Assignment: You may not assign these Terms without our written consent. We may assign these Terms without restriction.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

Questions about these Terms should be sent to: