Terms of Service

Company provides access to the PULSE Growth OS, an integrated digital marketing and automation environment. The specific modules, tools and functionality activated for each client are as set forth in the signed Proposal or most recent Statement of Work. The Growth OS is a modular system, and access is granted based on the Service Tier selected. Services may include, but are not limited to:

• Digital Storefront & Hosting
• CRM & Lead Management
• Reputation & Review Management
• Call Tracking & Communication Channels (SMS, Email, Phone)
• AI-Driven Communication Agents
• Invoicing, Quoting, Online Payments, Financial Integrations

Additional functionality can be added through supplemental proposals or by upgrading to a higher Service Tier.

Each PULSE subscription is a dedicated instance for one business entity only. To maintain compliance with anti-spam and telecommunication laws, account resources cannot be shared across multiple brands or unrelated companies. Any expansion to new or separate business brands requires a supplemental Service Tier agreement.

Your subscription term, renewal and notice period are set out in your signed Proposal and Software Services Agreement.

• Clients must maintain a valid credit card or ACH authorization on file. Monthly subscriptions and usage-based communication fees are processed automatically.
• In addition to the base subscription fee, clients are billed for actual consumption of communication services, including SMS/MMS messaging, outbound and inbound phone minutes, email transmissions and AI conversational tokens.
• Usage charges may be bundled with the monthly subscription or processed as a separate transaction once a billing threshold is reached, to ensure service continuity.
• Company may adjust usage rates in line with changes from upstream carriers. Clients can monitor real-time usage and current rates within the platform’s billing dashboard.
• If a payment fails and remains unpaid for fifteen (15) days, Company may suspend access to the PULSE Growth OS. A $150 reactivation fee may apply to restore an account suspended for non-payment.

• AI agents use large language models. While Company optimizes these agents, Company is not liable for incorrect information provided by the AI or the tone of AI-generated responses.
• The Growth OS uses third-party upstream providers for core functionality (for example OpenAI, Twilio and Mailgun). Company does not own or control these networks and is not liable for service interruptions, delivery failures or downtime caused by them. In the event of a documented upstream outage, Company will use reasonable efforts to restore service once the provider has resolved its issue, and is not responsible for lost revenue, missed leads or consequential damages resulting from such interruptions.
• If a third-party AI provider significantly changes its API, pricing or availability, Company may modify the AI service or move to an equivalent provider to maintain service continuity.

• Clients are solely responsible for ensuring all contacts in their CRM have provided express written consent to be contacted, and agree to indemnify Company against fines or legal action resulting from unauthorized messaging (TCPA / CAN-SPAM violations).
• All SMS messaging is subject to A2P 10DLC registration requirements. Company may suspend messaging immediately if a client’s opt-out or bounce rates exceed carrier-mandated thresholds.

• Clients own their contact data. Upon termination and settlement of all fees, Company will provide a .CSV export of the client’s database.
• The AI agents and the website are architecturally native to the PULSE platform and cannot be transferred or migrated to third-party hosting or external server environments.
• If a client discontinues the Growth OS subscription, the agreement can be modified to keep website hosting only, at a reduced monthly fee. Advanced platform functionality, including AI agents and automated workflows, is then decommissioned.

Each party will respect and maintain the other’s confidential information and use it only to perform its obligations. Confidential information does not include information that is public knowledge, was already in the recipient’s possession, or is independently developed.

These terms are interpreted in accordance with the laws of the State of Tennessee. Each party consents to the exclusive jurisdiction of the courts sitting in Shelby County, Tennessee.