Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pulse ("Pulse," "we," "us," or "our"), currently operated by Ramandeep Ahuja as a sole proprietorship pending incorporation, with its principal place of business in San Francisco, California. These Terms govern your access to and use of the Pulse platform, including our website at pulse.fractionalcto.ai and all related services (collectively, the "Service").

By registering for an account, connecting your Shopify store, clicking "I Agree," or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms, and "you" and "your" refer to that entity.

2. Eligibility and Account Registration

2.1 Age and Authority Requirements

The Service is intended solely for users who are 18 years of age or older and who have the authority to connect a Shopify store and related business accounts (such as Google Analytics or advertising accounts) on behalf of a business. We do not knowingly permit persons under 18 to create accounts or use the Service. In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under 13. If we discover a user is under 13, we will promptly delete their account and data. If you are a parent or guardian and believe your child has created an account, contact us immediately.

2.2 Geographic Availability

The Service is currently offered to users located within the United States. We reserve the right to restrict or expand access based on geographic location at our discretion.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to: (a) provide accurate and complete information at registration; (b) keep your login credentials secure; (c) notify us immediately of any unauthorized access; and (d) accept responsibility for all activity that occurs under your account. You may not share credentials, create multiple accounts for the same user, or transfer your account without our prior written consent.

3. Description of Service

Pulse is a cloud-based analytics platform designed for Shopify merchants that provides a single, unified view ("single pane of glass") across a store's commerce, marketing, and advertising data. The Service includes tools for:

• Connecting to your Shopify store via the Shopify Admin API to import order, product, customer, and store performance data
• Connecting to Google Analytics 4 (GA4) to import site traffic and behavioral data
• Connecting to advertising platforms, currently Meta Ads and Google Ads, to import ad spend and performance data
• Connecting to social platforms, currently Instagram and TikTok, to import organic social performance data
• Connecting to email marketing and transactional email platforms, currently Mailchimp and Resend, to import campaign and deliverability data
• Unified dashboards, reporting, and cross-channel attribution built from the data sources you connect
• Automated and scheduled reporting, alerts, and data exports

The specific connectors listed above reflect what is currently supported and may expand over time. We reserve the right to modify, suspend, or discontinue any feature or connector with reasonable notice to active users where material features are affected. Available integrations may change over time as third-party APIs evolve.

4. Subscription, Fees, and Payment

4.1 Current Pricing

The Service is currently offered free of charge. We do not collect payment information and do not bill users while the Service remains free. We reserve the right to introduce paid plans in the future.

4.2 Transition to Paid Plans

If we introduce paid subscription plans, we will provide at least 30 days' advance notice to active users before any fees are charged, and continued use of paid features after that notice period will require your affirmative agreement to the applicable pricing terms then in effect. Any future billing will be processed through a third-party payment processor; we will not store your full payment card information on our servers. All charges, if introduced, would be in U.S. dollars and exclusive of applicable sales tax.

4.3 No Refunds Applicable

Because the Service is currently free, no refund policy currently applies. A refund policy will be published if and when paid plans are introduced.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Connect a Shopify store, Google account, advertising account, or email platform account that you do not own or have authorization to connect
• Violate any applicable federal, state, or local laws or regulations, including data protection and advertising laws
• Upload or transmit unlawful, infringing, defamatory, or harmful content
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use automated bots or scrapers to access the Service without our written consent
• Resell, sublicense, or commercialize access to the Service without prior written authorization
• Transmit spam, unsolicited communications, or malicious code
• Impersonate any person or entity or misrepresent your affiliation with a business
• Use the Service in a manner that violates Shopify's Acceptable Use Policy, API License and Terms of Use, or Partner Program Agreement

We reserve the right to investigate violations and may suspend or terminate your account for any breach.

6. Your Content and Store Data

6.1 Ownership

You retain all ownership rights to the Shopify store data, connected-account data, dashboards, and other content associated with your account ("Your Content"). We do not claim ownership of Your Content.

6.2 License to Us

By connecting your store and accounts, you grant us a limited, non-exclusive, royalty-free, worldwide license to access, store, process, and display Your Content solely as necessary to provide the Service to you. This license terminates when you disconnect a data source, delete Your Content, or close your account, subject to our backup retention period described in the Privacy Policy.

6.3 Your Responsibilities

You are solely responsible for Your Content and warrant that you have all rights necessary to connect it to the Service, that it does not infringe any third-party rights, and that your use of the Service complies with all applicable laws, including privacy laws governing your own customers' personal information.

As a Shopify merchant using Pulse, your store's order and customer data may include personal information about your end customers. As between you and Pulse, you are the data controller for that end-customer data, and Pulse acts as a data processor on your behalf with respect to that data, solely to provide you the Service. You are responsible for having appropriate privacy disclosures and legal basis in place with your own customers to permit this processing.

6.4 Content Removal

We reserve the right to remove or restrict access to Content that violates these Terms or applicable law. We will use reasonable efforts to notify you prior to removal except where immediate action is required.

7. Intellectual Property

The Service, including all software, designs, text, graphics, logos, dashboards, and other materials we create, is the exclusive property of Pulse and is protected by U.S. and international intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in the Service or our intellectual property beyond the limited license to use the Service as described herein. You may not use our name, logo, or trademarks without our prior written consent.

8. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

As described in Section 6.3 above, you acknowledge that:

• You are the data controller for your own customers' personal data imported into the Service from Shopify, GA4, ad platforms, or email platforms
• We act as a data processor on your behalf for that data
• You are responsible for your own compliance with applicable privacy laws with respect to your customers, including obtaining any required consents for tracking and marketing

9. Shopify and Third-Party Integrations

9.1 Shopify Integration

The Service connects to your store via the Shopify Admin API using the access scopes you approve during installation or connection. Your use of the Shopify integration is also subject to Shopify's own Terms of Service and API License and Terms of Use. You may disconnect Pulse from your Shopify store at any time from your Shopify admin or your Pulse account settings.

9.2 Google Analytics (GA4) Integration

When you connect a GA4 property, Pulse accesses aggregated and event-level analytics data via Google's APIs to build unified reporting. Your use of this integration is also subject to Google's applicable terms. You may revoke access at any time from your Google account permissions or your Pulse account settings.

9.3 Advertising Platform Integrations

When you connect an advertising account, currently Meta Ads or Google Ads, Pulse accesses campaign, spend, and performance data via that platform's API solely to display it within your dashboards and reports. We do not use this data to serve ads on your behalf. You may disconnect any advertising integration at any time from your Pulse account settings.

9.4 Social Platform Integrations

When you connect a social account, currently Instagram or TikTok, Pulse accesses organic post and engagement performance data via that platform's API solely to display it within your dashboards and reports. Your use of these integrations is also subject to Meta's Platform Terms and TikTok's Developer Terms of Service, as applicable. You may disconnect any social integration at any time from your Pulse account settings.

9.5 Email Platform Integrations

When you connect an email platform, currently Mailchimp or Resend, Pulse accesses campaign performance, deliverability, and engagement data solely to display it within your dashboards and reports. You may disconnect any email integration at any time from your Pulse account settings.

9.6 General

Your use of any third-party service connected to Pulse remains subject to that provider's own terms and privacy policy. Payment processing, if introduced in the future, would be handled by a third-party processor; we do not store your full payment card information on our servers.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA IMPORTED FROM THIRD-PARTY PLATFORMS WILL BE ACCURATE, COMPLETE, OR AVAILABLE ON A CONTINUOUS BASIS.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PULSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY DECISION MADE IN RELIANCE ON DATA OR REPORTS PROVIDED BY THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Pulse and its agents from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights, including your obligations to your own customers.

11. Term and Termination

These Terms are effective upon your acceptance and continue until terminated. You may terminate your account at any time through your account settings or by contacting us.

We may suspend or terminate your account immediately, without prior notice, if: (a) you breach these Terms; (b) we are required to do so by law; or (c) continued service creates risk to the platform or other users.

Upon termination: (a) your right to access the Service ceases immediately; (b) Your Content will be available for export for 30 days; (c) after 30 days, we may delete Your Content in accordance with our data retention policy. Sections 7, 8, 10, 12, and 13 survive termination.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

12.2 Informal Resolution

Before filing a formal claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

12.3 Binding Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in San Francisco, California. The arbitrator's decision shall be final and binding.

12.4 Class Action Waiver

YOU AND PULSE AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

12.5 Exceptions

Nothing in this Section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

13. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, incorporation, or sale of assets.
• Notices: We may provide notices via email or by posting to the Service.
• Updates to Terms: We will provide at least 30 days' notice of material changes via email or in-app notification. Continued use after the effective date constitutes acceptance.
• Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control, including third-party API or platform outages.