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Terms of Service

Effective Date: [EFFECTIVE DATE] · Last Updated: [LAST UPDATED]

These Terms of Service (the "Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "Customer"), and Pulxiq, Inc. ("Pulxiq", "we", "us", or "our") governing your access to and use of the Pulxiq platform, websites, APIs, software, integrations, documentation, and related services (collectively, the "Service"). By accessing or using the Service, creating an account, clicking "I agree", or executing an order form referencing these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.

1. Eligibility & Account Registration

You represent that you are at least 18 years of age, have full legal capacity to enter into a binding contract, and — if accepting on behalf of an entity — are authorized to bind that entity. You agree to provide accurate, current, and complete information during registration and to maintain and promptly update such information.

You are solely responsible for safeguarding your account credentials, API keys, and access tokens, and for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately of any unauthorized access or suspected breach. Pulxiq is not liable for any loss or damage arising from your failure to protect your credentials.

2. The Service

Pulxiq provides an AI-powered platform for lead sourcing, enrichment, business intelligence, outbound automation, campaign orchestration, analytics, and related workflows. Specific features may include integrations with third-party providers including but not limited to Google Maps, Apollo, Hunter, LinkedIn-adjacent data sources, CRM systems, and email/calendar providers.

We reserve the right, in our sole discretion and at any time, to modify, suspend, discontinue, add, remove, or restrict any feature, integration, API endpoint, model, or portion of the Service, temporarily or permanently, with or without notice and without liability to you or any third party.

3. License Grant & Restrictions

Subject to your continuous compliance with these Terms and timely payment of all fees, Pulxiq grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the term.

You shall not, and shall not permit any third party to:

  • copy, modify, translate, adapt, or create derivative works of the Service;
  • reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying models, algorithms, ideas, or know-how;
  • circumvent or attempt to circumvent any access control, rate limit, quota, security, authentication, or usage measurement mechanism;
  • use the Service to build, train, fine-tune, or improve any competing product, model, dataset, or service;
  • scrape, harvest, mirror, frame, or systematically extract data from the Service, except via API endpoints and only as expressly authorized;
  • resell, sublicense, lease, time-share, distribute, or otherwise commercially exploit the Service to or for the benefit of any third party;
  • remove, alter, or obscure any proprietary notices, trademarks, or labels;
  • use any robot, spider, scraper, headless browser, or other automated means to access the Service other than the documented APIs and within published rate limits;
  • interfere with, disrupt, overload, or impair the integrity, performance, or security of the Service or any data contained therein.

4. Acceptable Use Policy

You are solely responsible for ensuring that your use of the Service, your outreach campaigns, your message content, your prospect lists, and your processing of any personal data comply with all applicable laws, regulations, industry codes, and third-party terms (including those of any integrated platform, email provider, messaging network, or data source). You shall not, and shall not permit any user, agent, contractor, or third party acting on your behalf to use the Service to:

  • send unsolicited bulk communications ("spam"), or any communication that violates CAN-SPAM, CASL, TCPA, GDPR, ePrivacy, PECR, or any analogous law;
  • engage in phishing, smishing, vishing, impersonation, social engineering, credential harvesting, or any deceptive or fraudulent activity;
  • harass, threaten, defame, stalk, intimidate, dox, or discriminate against any person or group, or transmit hateful, obscene, or otherwise objectionable content;
  • scrape, ingest, transmit, sell, or process data in violation of any source's terms of service, copyright, database right, or contractual restriction;
  • promote illegal goods or services, unlawful gambling, multi-level marketing schemes, cryptocurrency-pump activity, regulated pharmaceuticals, weapons, or adult content;
  • upload or transmit malware, ransomware, viruses, trojans, worms, logic bombs, spyware, or other malicious code;
  • violate the privacy or publicity rights of any individual or process special categories of personal data without a lawful basis and the data subject's affirmative consent;
  • attempt to identify, deanonymize, profile, or surveil any individual in violation of law;
  • use the Service in or for the benefit of any jurisdiction, party, or end-use prohibited by applicable export-control or sanctions laws (see Section 19).

We may, in our sole discretion and without liability, refuse, throttle, quarantine, remove, or block any content, prospect record, message, campaign, or account that we believe (with or without investigation) violates these Terms or poses risk to Pulxiq, our users, third parties, or our infrastructure.

5. Customer Data & Responsibility

"Customer Data" means any data, content, files, prospect records, messages, or other materials that you or your users submit, upload, transmit, or generate through the Service. You retain all rights in your Customer Data and grant Pulxiq a worldwide, non-exclusive, royalty-free, fully paid-up license to host, copy, transmit, process, display, analyze, and otherwise use Customer Data solely as necessary to (a) provide, maintain, secure, and improve the Service; (b) comply with law and enforce these Terms; and (c) create de-identified, aggregated, or statistical data, which Pulxiq may use for any lawful purpose, including benchmarking, model improvement, and research.

You represent and warrant that (i) you have all rights, consents, permissions, and lawful bases required to submit Customer Data to the Service and to permit Pulxiq's processing thereof; (ii) Customer Data and its processing through the Service do not and will not violate any law, contract, or third-party right; and (iii) you have provided all required notices and obtained all required consents from data subjects, including under GDPR, CCPA/CPRA, and other applicable privacy laws.

6. AI Features & Automated Output

The Service incorporates artificial intelligence, machine learning, large language models, and other automated systems ("AI Features") to generate outputs such as enriched data, message drafts, recommendations, scores, classifications, and forecasts ("AI Output"). AI Features are probabilistic and may produce inaccurate, incomplete, biased, offensive, or otherwise inappropriate output ("hallucinations"). AI Output is provided for informational purposes only.

You are solely responsible for reviewing, validating, and editing AI Output before any external use, transmission, or reliance. You shall not represent AI Output as human-generated where prohibited and shall not use AI Output for any high-risk, regulated, medical, legal, financial-advisory, employment-eligibility, credit-scoring, or safety-critical decision. Pulxiq disclaims all responsibility for the accuracy, appropriateness, or consequences of any AI Output to the maximum extent permitted by law.

7. Third-Party Services & Integrations

The Service may interoperate with, link to, or rely upon third-party platforms, APIs, data sources, or services ("Third-Party Services"). Third-Party Services are governed by their own terms and privacy policies, and Pulxiq is not responsible for their content, accuracy, availability, latency, security, policies, or any act or omission of their operators. We make no warranties regarding any Third-Party Service and disclaim all liability for outages, deprecations, rate limit changes, data quality issues, or termination of access to any Third-Party Service.

8. Fees, Billing, Auto-Renewal & Refunds

You agree to pay all fees specified in the applicable order form, plan page, or in-product checkout. Unless expressly stated otherwise, all fees are quoted and payable in U.S. dollars, are exclusive of taxes (which are your responsibility), are non-refundable, and are non-cancellable. Subscriptions automatically renew for successive terms equal to the prior term unless cancelled before the end of the then-current term. By providing a payment method, you authorize Pulxiq and its payment processors to charge that method for all recurring and one-time fees.

We may modify fees and introduce new charges upon notice (which may be provided in-product or by email). If you do not agree, your sole remedy is to cancel before the next renewal. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We may suspend or terminate the Service for non-payment without liability.

9. Trials, Beta & Free Plans

Free, trial, evaluation, preview, or beta offerings ("Beta Features") are provided "as is" and "as available", without any warranty, support, or service-level commitment, and may be modified, suspended, or discontinued at any time. We may impose additional restrictions and may revoke access at our sole discretion. Abuse of trial, free, or referral programs — including creation of multiple accounts to circumvent usage limits — is prohibited and grounds for immediate termination.

10. Suspension & Termination

We may suspend, restrict, throttle, or terminate your access to the Service (or any portion thereof), with or without notice and with or without cause, including if we believe in our sole discretion that (a) you have violated these Terms or any policy; (b) your use poses a security, legal, financial, reputational, or operational risk; (c) we are required to do so by law, court order, or governmental authority; or (d) continued provision is no longer commercially viable. We are not liable to you or any third party for any suspension or termination. Upon termination, all licenses granted to you cease immediately, and you must cease all use of the Service.

Right to refuse service. Pulxiq reserves the right to refuse service, decline registrations, and close accounts at any time, in our sole discretion, for any lawful reason.

11. Intellectual Property

The Service, including all software, models, weights, prompts, designs, interfaces, documentation, trademarks, logos, and all related intellectual property rights, are and shall remain the exclusive property of Pulxiq and its licensors. No rights are granted other than those expressly set forth in these Terms. All feedback, suggestions, or ideas you provide regarding the Service are deemed non-confidential, and you hereby assign to Pulxiq all right, title, and interest therein.

12. DMCA & Copyright

We respect intellectual property rights. If you believe content accessible through the Service infringes your copyright, please send a notice to [LEGAL EMAIL] that includes (a) identification of the copyrighted work; (b) identification of the allegedly infringing material with sufficient detail to locate it; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act; and (f) your physical or electronic signature. We may remove allegedly infringing content and terminate repeat infringers at our discretion.

13. Confidentiality

Each party may have access to non-public information of the other ( "Confidential Information"). The receiving party shall (a) use the same degree of care it uses to protect its own confidential information, but in no event less than a reasonable degree of care; (b) use Confidential Information only as necessary to exercise rights and perform obligations under these Terms; and (c) not disclose Confidential Information to any third party except to employees, advisors, and contractors bound by equivalent obligations of confidentiality.

14. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL AI FEATURES, INTEGRATIONS, DATA, AND OUTPUTS, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND. To the maximum extent permitted by applicable law, Pulxiq disclaims all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.

Pulxiq does not warrant that (a) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components; (b) AI Output will be accurate, reliable, complete, or appropriate for your purposes; (c) any third-party data accessed through the Service will be accurate, current, lawful, or fit for any particular use; (d) the Service will produce any specific business outcome, revenue, pipeline, conversion rate, deliverability, or response rate; or (e) defects will be corrected. You assume all risk of use of the Service.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PULXIQ, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, PIPELINE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PULXIQ'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO PULXIQ FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). The foregoing limitations apply notwithstanding the failure of any limited remedy of its essential purpose. Some jurisdictions do not allow certain limitations; in such jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Indemnification

You shall defend, indemnify, and hold harmless Pulxiq, its affiliates, and its and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, suits, actions, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your or your users' use of the Service; (b) Customer Data; (c) your outreach campaigns, message content, prospect lists, or processing of personal data; (d) your violation of these Terms, any law, or any third-party right (including intellectual property, privacy, publicity, or contract rights); (e) your negligence or willful misconduct; or (f) any dispute between you and any third party, including any recipient of your communications. We may, at our option, assume exclusive control of any matter subject to indemnification, at your expense.

17. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this Section carefully — it affects your legal rights. Any dispute, claim, or controversy arising out of or related to these Terms or the Service ("Dispute") shall be resolved exclusively by final and binding individual arbitration administered by JAMS pursuant to its applicable rules, before a single arbitrator, in [ARBITRATION VENUE], in the English language. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND PULXIQ EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims and may not preside over any form of representative proceeding. If this class-action waiver is held unenforceable, the entirety of this Section 17 shall be null and void, but the remainder of these Terms shall remain in effect. Notwithstanding the foregoing, either party may bring (i) an individual action in small claims court, or (ii) a claim for injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.

18. Governing Law & Venue

These Terms are governed by the laws of the State of [GOVERNING STATE] and the federal laws of the United States, without regard to conflict-of-laws principles. Subject to Section 17, the exclusive venue for any action shall be the state and federal courts located in [GOVERNING VENUE], and the parties irrevocably consent to personal jurisdiction therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Export Controls & Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country, region, or party subject to U.S., U.K., E.U., or U.N. sanctions or embargoes, and that you will not access or use the Service in violation of any export control, sanctions, or anti-corruption law (including the U.S. Export Administration Regulations and OFAC regulations).

20. Service Interruptions & Force Majeure

The Service may be unavailable from time to time for scheduled maintenance, unscheduled emergencies, infrastructure failures, or events beyond our reasonable control. Neither party shall be liable for any failure or delay in performance (excluding payment obligations) resulting from acts of God, war, terrorism, civil unrest, government action, pandemic, labor dispute, internet or telecommunications failure, third-party outage, cyberattack, or other event beyond reasonable control.

21. Modifications

We may modify these Terms at any time by posting an updated version and updating the "Last Updated" date. Material changes will be communicated through the Service or by email. Your continued access or use after the effective date constitutes your binding acceptance of the revised Terms. If you do not agree, you must stop using the Service.

22. Miscellaneous

These Terms (together with the Privacy Policy and any order form) constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to be enforceable. No waiver of any term shall be deemed a further or continuing waiver. You may not assign these Terms without our prior written consent; we may assign freely. Any notices to Pulxiq must be sent to [LEGAL EMAIL] and to [COMPANY ADDRESS]. Sections that by their nature should survive termination shall survive, including Sections 3–22.

23. Contact

Pulxiq, Inc.
Attn: Legal Department
[COMPANY ADDRESS]
Email: [LEGAL EMAIL]