Pulz.io Terms and Conditions

Introduction
These Terms and Conditions (“Terms”) govern your use of the services, software, and websites (collectively, the “Service”) provided by Madness AI Inc. dba Pulz.io (“Pulz.io,” “we,” “our,” or “us”). Pulz.io offers a platform that enables businesses to create and deploy custom AI tools, such as AI-driven apps, forms, agents, and more. These tools can be embedded into your digital properties through code snippets, iframes, or shared via a link.

By accessing or using the Service, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. If you are using our Service on behalf of an organization, you agree to these Terms on behalf of that organization and warrant that you have the authority to bind the organization to these Terms. In such a case, “you” and “your” will refer to that organization. If you do not agree to these Terms, you may not access or use our Service.

1. Definitions

1.1 “Service” refers to the Pulz.io platform, including AI-driven tools, custom AI app builders, AI Agents, user journeys, AI-driven forms, code snippets, and any other services provided by Pulz.io.

1.2 “Customer” refers to the entity or individual accessing and using the Service.

1.3 “Content” refers to the outputs and results generated through your use of the Service.

1.4 “Customer Content” means any data, materials, or other content submitted to the Service by the Customer for processing, including any information collected from end-users of the Customer through the Service.

1.5 “End-User” refers to the individuals who interact with the tools created by the Customer using the Pulz.io platform.

1.6 “Personal Data” means any information that relates to an identifiable individual.

1.7 “Confidential Information” means any proprietary or non-public information disclosed by one party to the other under this agreement.

1.8 “Aggregated Data” refers to anonymized data derived from the Customer’s use of the Service, combined with other data in a manner that does not identify any individual.

2. Acceptance of Terms

2.1 Eligibility
You must be at least 18 years old to use our Service. If you are under 18, you must obtain parental or guardian consent.

2.2 Account Creation
You agree to provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.

2.3 Modification of Terms
Pulz.io reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Continued use of the Service after any such changes constitutes your acceptance of the new Terms.

3. License and Restrictions

3.1 License Grant
Pulz.io grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service in accordance with these Terms. This license does not grant you ownership of any intellectual property rights in the Service or its components.

3.2 Restrictions
You may not:
(i) Sublicense, distribute, or use the Service outside the scope of these Terms;
(ii) Reverse engineer, decompile, or disassemble the Service;
(iii) Remove any copyright, trademark, or proprietary rights notices;
(iv) Use the Service for illegal purposes or in violation of any applicable laws;
(v) Use the Service to infringe the rights of Pulz.io or third parties.

3.3 Prohibited Uses
You agree not to use the Service to process or collect any of the following types of data:

• Social Security numbers or other government-issued identification numbers.
• Health information subject to HIPAA or similar regulations.
• Payment card information subject to PCI DSS standards.
• Personal data of children under 13 years of age.
• Data related to weapons development, military operations, or critical infrastructure.
• Data used for automated determinations of eligibility for credit, employment, or public assistance.
• Any data or use case that involves unlawful activities or is otherwise contrary to public order.

3.4 Third-Party Services
Certain features of the Service may be integrated with or rely on third-party services, including but not limited to APIs provided by third parties such as OpenAI. Pulz.io may use these third-party services to enhance the functionality of the Service. You acknowledge and agree that the availability and performance of the Service may depend on the availability and performance of these third-party services, and Pulz.io is not responsible for any interruptions or issues caused by these third-party services. You are responsible for complying with the terms and conditions of those third-party services.

4. Fees and Payment

4.1 Service Fees
Fees for the Service, if applicable, will be detailed in the applicable documentation or agreements between you and Pulz.io. All fees are non-refundable, except as required by law or explicitly stated otherwise. Please refer to our Refund Policy for more details.

4.2 Subscription Model
Pulz.io offers a subscription-based model, where fees are charged on a monthly or yearly basis, depending on the subscription tier. Subscriptions include access to a set number of tools and features as specified in your subscription plan.

4.3 Auto-Renewal
If your use of the Service is on a subscription basis, such subscriptions will automatically renew at the end of each term unless you cancel your subscription in accordance with the cancellation policy outlined by Pulz.io.

4.4 Taxes
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all applicable taxes associated with your use of the Service.

5. Customer Content and Data

5.1 Ownership of Customer Content
All Customer Content you submit to the Service remains your property. However, by using the Service, you grant Pulz.io a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, and process such content solely for the purpose of providing and improving the Service. This includes any data collected from your End-Users through the tools you create and deploy using the Service.

5.2 Data Processing and Security
Pulz.io processes Personal Data in accordance with our Privacy Policy. We implement reasonable security measures to protect Customer Content and Personal Data. However, you acknowledge that no security measures are entirely foolproof, and Pulz.io cannot guarantee absolute security. You represent and warrant that you have obtained all necessary rights and consents to submit Personal Data to the Service. For more details on data handling, please refer to our Data Processing Addendum and Data Security Policy.

5.3 Aggregated Data
Pulz.io may use Aggregated Data derived from your use of the Service for any lawful purpose, including improving the Service, provided that such data is anonymized and does not identify any individual or your organization.

6. Confidentiality

6.1 Confidentiality Obligations
Each party agrees to protect the other party’s Confidential Information with the same degree of care it uses to protect its own Confidential Information but in no event less than reasonable care. Confidential Information may not be disclosed except as necessary to provide the Service or as required by law.

6.2 Compelled Disclosure
If required by law, the Receiving Party may disclose Confidential Information, provided that it gives the Disclosing Party prior notice of such compelled disclosure (if legally permitted) and reasonable assistance if the Disclosing Party wishes to contest the disclosure.

7. Intellectual Property

7.1 Pulz.io IP
All rights, title, and interest in and to the Service, including all intellectual property rights, are owned by Pulz.io. Except as expressly granted in these Terms, Pulz.io reserves all rights in and to the Service.

7.2 Feedback
If you provide feedback, suggestions, or ideas to Pulz.io, you grant Pulz.io a perpetual, worldwide, non-revocable, sublicensable, royalty-free license to use such feedback for any purpose without any obligation to you.

8. Indemnification

8.1 Indemnity by Customer
You agree to defend, indemnify, and hold Pulz.io, its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with (i) your use of the Service; (ii) your violation of these Terms; or (iii) your infringement of any third-party rights, including intellectual property rights.

8.2 Indemnity by Pulz.io
Pulz.io will defend, indemnify, and hold you harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of a claim that the Service infringes any third-party intellectual property rights, provided that you promptly notify Pulz.io of any such claim and cooperate with Pulz.io in the defense of the claim.

9. Disclaimer of Warranties

9.1 As-Is Service
The Service is provided “as is” and “as available,” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

9.2 No Guarantee
Pulz.io does not guarantee that the Service will be uninterrupted, error-free, or secure. Pulz.io is not responsible for any issues arising from the use of the Service, including data loss or damage to your systems.

10. Limitation of Liability

10.1 Cap on Liability
To the maximum extent permitted by applicable law, Pulz.io’s total liability to you for any claim arising out of or relating to these Terms or your use of the Service shall be limited to the amount you paid to Pulz.io in the six months preceding the claim.

10.2 Exclusion of Damages
Pulz.io shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; or (iv) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party.

11. Term and Termination

11.1 Term
These Terms will remain in effect as long as you have an active subscription or use the Service.

11.2 Termination by Customer
You may terminate your subscription at any time by following the cancellation procedures provided in your account settings. Your access to the Service will continue until the end of your current subscription period, after which it will be terminated.

11.3 Termination by Pulz.io
Pulz.io may terminate these Terms or suspend your access to the Service at any time with or without notice, if you violate these Terms, if we discontinue the Service, or if required by law.

11.4 Effect of Termination
Upon termination of these Terms, all licenses granted hereunder will terminate, and you must cease all use of the Service. Pulz.io will have no liability for any damages resulting from termination.

12. Governing Law and Dispute Resolution

12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

12.2 Dispute Resolution
Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in Delaware, under the rules of the American Arbitration Association. Each party shall bear its own costs and expenses.

12.3 Jurisdiction
The parties agree that any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of Delaware.

13. Miscellaneous

13.1 Entire Agreement
These Terms, together with any Privacy Policy, Data Processing Addendum, Refund Policy, and any other legal notices published by Pulz.io, constitute the entire agreement between you and Pulz.io concerning the Service.

13.2 Amendments
Pulz.io may amend these Terms at any time by posting the amended Terms on its website. Your continued use of the Service after the effective date of the amended Terms constitutes your acceptance of the changes.

13.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

13.4 Waiver
The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

13.5 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without Pulz.io’s prior written consent. Pulz.io may assign these Terms without restriction.

13.6 Publicity
Pulz.io may use your name and logo in marketing materials and case studies unless you notify Pulz.io in writing that you do not consent to such use.

14. Contact Information

If you have any questions about these Terms, please contact Pulz.io at:
Email: contact@pulz.io