Terms of Service

1. Acceptance of Terms

Welcome to PulseAI ("we," "us," "our," or the "Company"). These Terms of Service ("Terms") govern your use of our AI-powered marketing campaign management platform, website, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Service.

2. Description of Service

PulseAI provides an AI-powered marketing campaign management platform that offers:

• AI Budget Allocation: Automated budget optimization across marketing channels
• Campaign Management: Comprehensive campaign planning, execution, and monitoring tools
• Third-Party Integrations: Connections to advertising platforms including Meta Ads, Google Ads, and analytics services
• Performance Analytics: Detailed reporting and insights on campaign performance
• AI-Powered Recommendations: Intelligent suggestions for campaign optimization and audience targeting
• Budget History & Reporting: Historical data tracking and comprehensive reporting capabilities

3. User Accounts and Registration

3.1 Account Creation

To use our Service, you must create an account and provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Types

Our platform supports different account types:

• Agency Accounts: For marketing agencies managing multiple clients
• Client Accounts: For businesses managing their own marketing campaigns
• User Roles: Various permission levels including administrators, managers, and viewers

3.3 Account Security

You must immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this security obligation.

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Service only for lawful business purposes related to marketing campaign management, analytics, and optimization.

4.2 Prohibited Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or its servers
• Use automated tools to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Create false identities or impersonate others
• Share your account credentials with unauthorized parties
• Use the Service to send spam or unsolicited communications

5. Third-Party Integrations

5.1 Platform Connections

Our Service integrates with various third-party platforms including Meta (Facebook/Instagram), Google Ads, and other advertising and analytics services. By connecting these accounts, you authorize us to access and use your data from these platforms in accordance with our Privacy Policy.

5.2 Third-Party Terms

Your use of third-party integrations is also subject to the respective platforms' terms of service and privacy policies. You are responsible for complying with all applicable third-party terms.

5.3 Meta/Facebook Integration Compliance

Specifically regarding Meta integrations, you acknowledge and agree that:

• Your use of Meta data through our platform must comply with Facebook's Platform Policy
• You have the necessary rights and permissions to connect your Meta advertising accounts
• You will not use Meta data for purposes outside of marketing campaign management and optimization
• You understand that Meta may revoke access at any time according to their policies

5.4 Integration Availability

We do not guarantee the continuous availability of third-party integrations. Integrations may be modified, suspended, or discontinued at any time due to changes in third-party policies, technical issues, or business decisions.

6. Data and Content

6.1 Your Data

You retain ownership of all data, content, and information you provide to or upload through our Service ("Your Data"). By using our Service, you grant us a limited license to use Your Data solely to provide and improve our Service.

6.2 Data Accuracy

You are responsible for ensuring that Your Data is accurate, complete, and does not violate any laws or third-party rights. You warrant that you have the necessary rights to provide Your Data to us.

6.3 Data Backup and Security

While we implement reasonable security measures to protect Your Data, you are responsible for maintaining your own backups. We recommend regularly exporting important campaign data and maintaining offline copies.

6.4 AI-Generated Content

Our Service uses AI to generate recommendations, insights, and suggestions. You acknowledge that AI-generated content is provided as guidance only and should be reviewed and validated before implementation in your marketing campaigns.

7. Subscription and Billing

7.1 Subscription Plans

Our Service is offered through various subscription plans with different features and usage limits. Current pricing and plan details are available on our website and may be updated from time to time.

7.2 Billing and Payment

• Subscription fees are billed in advance on a recurring basis (monthly or annually)
• All fees are non-refundable except as expressly stated in these Terms
• You are responsible for all applicable taxes
• Failed payments may result in service suspension or termination
• We may update pricing with 30 days' notice to existing subscribers

7.3 Free Trial and Free Plans

We may offer free trials or free plan options with limited features. These are subject to fair use policies and may be modified or discontinued at any time.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, and other content, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property.

8.2 Your Intellectual Property

You retain ownership of your intellectual property rights in Your Data and any content you create using our Service. However, you grant us the right to use your feedback and suggestions to improve our Service.

8.3 DMCA Policy

We respect intellectual property rights and will respond to valid DMCA takedown notices. If you believe your copyrighted work has been infringed, please contact us with the required information under the Digital Millennium Copyright Act.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the data practices described in our Privacy Policy.

10. Service Availability and Modifications

10.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

10.2 Service Modifications

We reserve the right to modify, update, or discontinue any part of the Service at any time. We will provide reasonable notice of significant changes that may affect your use of the Service.

10.3 Maintenance and Updates

We may perform scheduled maintenance and updates to improve the Service. We will attempt to minimize disruption and provide advance notice when possible.

11. Termination

11.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Upon termination, your access to the Service will cease, but your obligations under these Terms will survive.

11.2 Termination by Us

We may suspend or terminate your account if you violate these Terms, fail to pay fees, or for any other reason at our discretion. We will provide reasonable notice except in cases of serious violations or legal requirements.

11.3 Effect of Termination

• Your access to the Service will immediately cease
• Your Data may be deleted after a grace period (typically 30 days)
• Outstanding fees remain due and payable
• Provisions of these Terms that should survive will continue to apply

12. Disclaimers and Warranties

12.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 AI and Algorithm Disclaimer

Our AI-powered features and recommendations are provided for informational purposes only. We do not guarantee the accuracy, completeness, or effectiveness of AI-generated suggestions. You are solely responsible for evaluating and implementing any recommendations.

12.3 Third-Party Services

We are not responsible for the availability, accuracy, or reliability of third-party services, APIs, or integrations. Your use of third-party services is at your own risk and subject to their terms and conditions.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless PulseAI, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service
• Your violation of these Terms
• Your Data or any content you submit
• Your violation of any third-party rights
• Any negligent or wrongful acts or omissions by you

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

15.2 Dispute Resolution Process

Before initiating any legal proceedings, you agree to first attempt to resolve any disputes through direct communication with us. If informal resolution is unsuccessful, disputes may be resolved through binding arbitration or in the courts of [Your Jurisdiction].

15.3 Class Action Waiver

You agree that any disputes will be resolved individually and not as part of a class action or collective proceeding.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

16.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms at any time without notice.

16.5 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes through email or platform notification. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Contact Information

If you have questions about these Terms of Service, please contact us: