Pulsera Services Terms
These Pulsera Services Terms ("Terms") govern the maintenance and support services ("Services") that Pulsera Talent Group LLC ("Pulsera," "we," "us") provides to you ("Client," "you") through a plan you purchase at plans.pulseratalent.com. By checking "I agree" and starting a plan, you accept these Terms and the plan-specific Plan Terms shown at signup. Together they are the agreement between us for the Services.
Definitions.
"Plan" = the specific plan you buy and its Plan Terms. "Services" = the maintenance/support in your Plan. "Deliverables" = work we create specifically for you and deliver under a Plan. "Pre-Existing IP" = our tools, templates, frameworks, and know-how that exist independently of your Plan. "Plan Terms" = the plan-specific scope, price, billing, and cancellation shown at signup.
The Services.
We provide the Services described in your Plan Terms. The Plan Terms control the specific scope and what is included or excluded. If the Plan Terms conflict with these Terms, the Plan Terms control for that Plan.
Service response.
We respond to requests and issues using commercially reasonable efforts during normal business hours. Unless your Plan Terms state a specific service-level commitment, these Terms do not create a guaranteed response or resolution time.
Fees, billing, and taxes.
Fees, billing timing, and renewal are in your Plan Terms (billed in advance, auto-renewing until cancelled, via Stripe). If a payment fails we may retry and may pause the Services until payment is current. Fees are exclusive of taxes; you are responsible for any applicable taxes other than taxes on our income.
Term, auto-renewal, and cancellation.
Your Plan starts when you subscribe and automatically renews each billing period at the then-current rate until cancelled. You may cancel anytime from your billing portal; cancellation takes effect at the end of your current paid period. We disclose the recurring charge and renewal clearly at checkout before you subscribe.
Refunds.
Fees already charged are non-refundable, and we do not provide partial-period refunds, except where a refund is required by law.
Your responsibilities.
You will: give us the access we need (hosting, domain, accounts); provide or approve content and requests on time; give accurate account and billing information; and hold the rights to any materials you give us. Delays or inaccuracies on your side may affect our ability to perform.
Acceptable use.
You will not use the Services to host or transmit unlawful, infringing, or malicious content, to breach security, or in violation of any law. We may act on a violation, including suspension under section 16.
Intellectual property.
Deliverables become yours once the fees for them are paid in full. We keep ownership of our Pre-Existing IP, and to the extent it is embedded in a Deliverable we grant you a non-exclusive, perpetual license to use it as part of that Deliverable. You grant us a license to use the content and materials you provide, only as needed to perform the Services.
Confidentiality.
Each party protects the other's non-public information and uses it only for the Services. This excludes information that is public, already known, independently developed, or required to be disclosed by law.
Data, backups, and regulated data.
We handle your data only to perform the Services and take reasonable measures to protect it. Any backup practices are stated in your Plan Terms. The Services do not involve protected health information (PHI) or access to PHI-bearing systems, and no Business Associate Agreement is required; if a Plan is ever scoped to touch PHI, we will put a BAA in place first. Card payments are processed by Stripe; we do not store your full card details, and you are responsible for the accuracy of the payment information you provide.
Third-party services.
The Services rely on third parties (for example Stripe for payments and your hosting provider). We are not responsible for third-party outages, changes, or acts, and your use of those services is subject to their own terms.
Warranties and disclaimer.
We will perform the Services in a professional and workmanlike manner. Except for that, the Services are provided "as is" and "as available," and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services or your site will be uninterrupted or error-free.
Limitation of liability.
To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data. Each party's total liability arising out of or relating to the Services is capped at the fees you paid in the 12 months before the claim. These limits do not apply to fraud, gross negligence, or willful misconduct, or to a party's confidentiality or indemnification obligations.
Indemnification.
You will defend and indemnify us against third-party claims arising from the content or materials you provide or from your unlawful use of the Services. We will defend and indemnify you against third-party claims that a Deliverable we created for you infringes that third party's intellectual property, except to the extent the claim arises from materials you supplied or changes made by anyone other than us.
Suspension, termination, and offboarding.
Either party may end a Plan for material breach not cured within 15 days of written notice. We may suspend the Services for non-payment or for a violation of section 8. On termination we stop the Services; you remain responsible for fees through the end of your paid period; and on request we will make your content and any Deliverables available to you for a reasonable period so you can transition.
Changes to these Terms.
We may update these Terms. For material changes we will notify you and ask you to accept the new version at your next renewal before continuing. Non-material changes take effect when posted.
Governing law, venue, and disputes.
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules. The state and federal courts located in Hancock County, Illinois have exclusive jurisdiction over any dispute, and each party consents to that venue.
General.
These Terms plus your Plan Terms are the entire agreement for the Services and do not amend or replace any separate signed agreement between us. We act as an independent contractor. Neither party is liable for delays caused by events beyond its reasonable control (force majeure). If a provision is unenforceable, the rest stays in effect. You may not assign these Terms without our consent; we may assign to a successor. Sections that by their nature should survive termination (including 9, 10, 13, 14, 15, and 18) survive. Notices go to info@pulseratalent.com and the email on your account.
Your acceptance.
By checking "I agree" you confirm you have read and agree to these Terms and your Plan Terms, and you are authorized to accept them on behalf of your organization.
These Terms are provided by Pulsera Talent Group LLC and are not legal advice. If you have questions about how they apply to you, you may wish to review them with your own advisor.